Martin v. Collier

2 Citing cases

  1. Brown v. Zeltiq Aesthetics, Inc.

    2:22-cv-00972-RFB-NJK (D. Nev. Jul. 19, 2023)

    The discoverability of medical records is based around the idea that a defendant has the right to determine whether a plaintiff has any pre-existing conditions or other aggravating factors that could affect the complained-of injury or illness. Adele v. Dunn, 2012 WL 5420256, at *2 (D. Nev. Nov. 5, 2022); Martin v. Collier, 2012 WL 28837, at *2 (D. Nev. Jan. 4, 2012) (“Certainly in the interest of justice the defendant in an action for personal injuries and loss of income has the right to determine whether the injuries or conditions complained of result from any other injury or illness which the patient-plaintiff has suffered”) (quoting Rose v. Vt. Mut. Ins. Co., 2007 WL 3333394, at *1 (D. Vt. Nov. 8, 2007).

  2. Hinostroza v. Denny's Inc.

    Case No.: 2:17-cv-02561-RFB-NJK (D. Nev. Jun. 29, 2018)   Cited 7 times   3 Legal Analyses
    Summarizing case law

    Medical records of injuries prior to an alleged accident are relevant to the issue of whether the injuries existed at the time of the accident and whether the accident caused or aggravated the injuries. See Adele v. Dunn, 2012 WL 5420256, at *2 (D. Nev. Nov. 5, 2012) (compelling the identity of the plaintiff's health care providers, as well as medical records of other accidents, from ten years prior to the accident at issue, despite the plaintiff's opposition that he had not been injured in the past ten years and that medical records of other accidents do not exist, because the "[d]efendant is entitled to reasonable discovery to determine whether [the plaintiff] suffered from any pre-existing condition contributing to the injuries at issue in this case"); see also Martin v. Collier, 2012 U.S. Dist. LEXIS 1411, at *6 (D. Nev. Jan. 4, 2012) ("Certainly in the interest of justice the defendant in an action for personal injuries and loss of income has the right to determine whether the injuries or conditions complained of result from any other injury or illness which the patient-plaintiff has suffered") (internal citation omitted).