When defending PI cases, do you subpeona all of plaintiffs medical providers? We then have to produce those records to plaintiff so I’m wondering how much plaintiffs are using the defense to pay for and gather their clients records. Which records do you strategically not subpeona?

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In New York, plaintiff’s have to give defense counsel HIPAA medical authorizations to request the records themselves. Generally a subpoena is not needed. However, if you pay/obtain these records, you have a duty to exchange said records with plaintiff counsel, even if they did not bother to request them

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FL & GA here - YES. I’ve always requested everything from date of birth to present. Doesn’t matter if it’s medical, insurance, employer, prior claims, whatever. In both states, it was firm practice that we agree to produce the records for a fee. Can’t remember the breakdown of the fee though. One firm would do $25 for a flash drive; others a portion or whatever we paid, etc. Lately, most OC agree to pay half of whatever the costs were. Now, we more so direct all this through our vendors so OC has to pay to obtain their own full set just as we do. Makes it easy accessible to them, we don’t have to deal with the production and they pay as well just like us.

We send them a copy of the bill we paid and require them to pay half in Florida if they want copies.

NJ. We generally get all medical records and pay for them. There are exceptions. If the provider is totally unrelated to the injury, I might skip it or make a decision later in the discovery process.

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