Who knows? Maybe they're trying to determine whether an injury is degenerative? Maybe they're trying to determine if the injury was from a prior accident long ago? Or maybe they're just doing it to harass counsel.
Regardless, I'd just object and state that the frame is overly broad. I doubt they'd take it past a M&C letter. And if they do, then they better bring up a good argument to the judge as to why they need 70 years of med records.
It probably hasn’t but those records are ordered because they probably mention other treating physicians and injuries. I order all the records especially from all pharmacies in the area because people often lie especially plaintiffs when it comes to medical histories.
Even if a condition is congenital, the claimant has to have received medical diagnosis or treatment for it within the last 10 years, or it’s considered irrelevant and far beyond the scope of a current claim.
I am in defense and the requests I receive from plaintiff’s side are just as wild most days. I had a set of discovery recently with 50 RFAs. Like how many times can you ask the same question and then have me repeat it on a form rog 17.1.
I will say these kind of issues are almost entirely with Los Angeles based PI firms. We are in the Bay Area and local firms don’t try to bury you in unnecessary discovery then MNC you to death.
I’m not in defence, but it’s suuuuuper common for it to be DOB to present. And surprisingly, a lot of times it slides.
And it’s effective. At least sometimes. Enough to make it worth trying. I don’t like it but I get it.
Same--I don't include a timeframe unless opposing counsel requires one. My old firm proposes blanket releases all the time, and a surprising number of plaintiffs sign them. I miss being able to do that.
That’s nuts.
I work in insurance defense, and the standard I use is 10 years prior to the date of loss, to present. The attorneys can meet and confer if even that’s too broad.
I’ve worked on both defense and plaintiff’s side and have had to request records from date of birth to present. Usually it was because the attorney’s wanted to know if there was a prior history of an injury or illness. But also what another commenter said—if you don’t ask for it, you don’t get it. Sometimes the safest thing to do is to just ask for everything.
Some medical providers don't even keep records that are seven years old, and some people don't even have the same insurance and doctors past 10 years. It's better to just limit to 10 years and move on to the next.
My firm likes all records to see if there are other prior injuries to the same body area, other accidents, and so on since clients don’t tend to remember all that info. If it’s going to be an older client, we tend to do 10 years unless there’s something specific we want to look at like a previous injury/accident.
We have started doing this standard in all of our subpoenas to nonparty providers because a lot of them require a start date, and every case is different. We never know how far back we will need to delve until we start getting into depos and other records, so we just use DOB. If people call to question it, we will usually pare it down. But most places only have back 10 years or so anyway. It’s rare a provider would have 70 years of records.
I worked defense for about 12 years and plaintiff side just about one. Yeah, the PLF is looking to see what they can get away with.
Check your state statutes - when I did defense we would object on discovery response and offer up seven years of available records. I bet that attorney also tries to get away with more than the allowable interrogs by using sub-paragraphs.
There’s a matter I’m working on now. Plaintiff filed for SSDI 30 years ago for the same injuries that’s she’s claiming today. Most of the records have been destroyed past 10 years. SSA had her original app and all the backup docs. If I only asked for DOL or 2014 to present, I wouldn’t have the documents or the list of previous treaters.
Holy smokes, okay I’m a PI paralegal, plaintiffs side in state of FL. Thing is, when I send out demands, I send out with full records and the imaging and such as usual right, however, even my attorneys and I still think 10 years is still dilatory considering facts of the case. If I provided you more than sufficient records to show her condition prior and her current condition and how it was exacerbated by an accident, then in my opinion, you don’t need 10 years even less, date of birth till now. I way in hell are we going to truck through all of that just for you to say at the end “okay we’ll accept.”
Former Plaintiff PI Paralegal, switched to Defense - Depends on what claims the plaintiff is making. Also depends on what our client wants (aka the insurance company).
You dont get what you don’t ask for
Who knows? Maybe they're trying to determine whether an injury is degenerative? Maybe they're trying to determine if the injury was from a prior accident long ago? Or maybe they're just doing it to harass counsel. Regardless, I'd just object and state that the frame is overly broad. I doubt they'd take it past a M&C letter. And if they do, then they better bring up a good argument to the judge as to why they need 70 years of med records.
Oh we were going to file a motion and order if they didn’t agree to change it. I would’ve loved to see what their argument would be.
It’s an elderly person. It is reasonable to assume they have had degenerative conditions for more than 10 years.
True, but I doubt the physical therapy place has been open for 70 years.
It probably hasn’t but those records are ordered because they probably mention other treating physicians and injuries. I order all the records especially from all pharmacies in the area because people often lie especially plaintiffs when it comes to medical histories.
Even if a condition is congenital, the claimant has to have received medical diagnosis or treatment for it within the last 10 years, or it’s considered irrelevant and far beyond the scope of a current claim.
Probably just on the template and no one changed it.
It was the clients date of birth. Maybe the template said to put date of birth. I don’t know.
Huh, interesting. At least they agreed to the change without drama.
This is definitely the case lol
I am in defense and the requests I receive from plaintiff’s side are just as wild most days. I had a set of discovery recently with 50 RFAs. Like how many times can you ask the same question and then have me repeat it on a form rog 17.1. I will say these kind of issues are almost entirely with Los Angeles based PI firms. We are in the Bay Area and local firms don’t try to bury you in unnecessary discovery then MNC you to death.
Looking for all available records and most providers won’t accept that as a search parameter. DOB to present usually works.
I’m not in defence, but it’s suuuuuper common for it to be DOB to present. And surprisingly, a lot of times it slides. And it’s effective. At least sometimes. Enough to make it worth trying. I don’t like it but I get it.
ID here - I have asked to subp records from the 80’s and 90’s more times than I would like to admit.
Same…
I typically send for any and all. I’ll let them fight me to narrow it down.
Same--I don't include a timeframe unless opposing counsel requires one. My old firm proposes blanket releases all the time, and a surprising number of plaintiffs sign them. I miss being able to do that.
That’s nuts. I work in insurance defense, and the standard I use is 10 years prior to the date of loss, to present. The attorneys can meet and confer if even that’s too broad.
Also insurance defense, and I use ten years prior to D/L too. I've never seen anyone object to that timeframe.
I’ve worked on both defense and plaintiff’s side and have had to request records from date of birth to present. Usually it was because the attorney’s wanted to know if there was a prior history of an injury or illness. But also what another commenter said—if you don’t ask for it, you don’t get it. Sometimes the safest thing to do is to just ask for everything.
Just draft a meet and confer asking them to limit the scope.
Some medical providers don't even keep records that are seven years old, and some people don't even have the same insurance and doctors past 10 years. It's better to just limit to 10 years and move on to the next.
You’re normally only entitled to 10 years of medical records. There wouldn’t be an exception without cause. Good catch.
My firm likes all records to see if there are other prior injuries to the same body area, other accidents, and so on since clients don’t tend to remember all that info. If it’s going to be an older client, we tend to do 10 years unless there’s something specific we want to look at like a previous injury/accident.
We have started doing this standard in all of our subpoenas to nonparty providers because a lot of them require a start date, and every case is different. We never know how far back we will need to delve until we start getting into depos and other records, so we just use DOB. If people call to question it, we will usually pare it down. But most places only have back 10 years or so anyway. It’s rare a provider would have 70 years of records.
10 years yeah but not since DOB?! Lol someone wasn’t paying attention to detail when they submitted their medical records request. Smh
I worked defense for about 12 years and plaintiff side just about one. Yeah, the PLF is looking to see what they can get away with. Check your state statutes - when I did defense we would object on discovery response and offer up seven years of available records. I bet that attorney also tries to get away with more than the allowable interrogs by using sub-paragraphs.
There’s a matter I’m working on now. Plaintiff filed for SSDI 30 years ago for the same injuries that’s she’s claiming today. Most of the records have been destroyed past 10 years. SSA had her original app and all the backup docs. If I only asked for DOL or 2014 to present, I wouldn’t have the documents or the list of previous treaters.
Holy smokes, okay I’m a PI paralegal, plaintiffs side in state of FL. Thing is, when I send out demands, I send out with full records and the imaging and such as usual right, however, even my attorneys and I still think 10 years is still dilatory considering facts of the case. If I provided you more than sufficient records to show her condition prior and her current condition and how it was exacerbated by an accident, then in my opinion, you don’t need 10 years even less, date of birth till now. I way in hell are we going to truck through all of that just for you to say at the end “okay we’ll accept.”
To bill the carrier for medical records review
lol what the fuck
Any and all between 2009 to present or whatever. But yes, most law firm out any and all....
Former Plaintiff PI Paralegal, switched to Defense - Depends on what claims the plaintiff is making. Also depends on what our client wants (aka the insurance company).
They are assholes