Court Denies Insurer’s Application To Obtain Our Client’s Medical Records

Advancing an injury claim requires a claimant to disclose relevant medical and employment records. However, the insurance company should not be entitled to a “fishing expedition” by gaining access to a claimant’s entire medical and employment history with the hopes of finding something they can later argue is relevant. As a firm representing the interests of injured plaintiffs, we strive to ensure that the insurer is held to this standard.

In our recent case Iyer v. Gill, the insurer applied to the Court for an order compelling our client to produce medical and WCB records dating back 14 years prior to the accident.

Mussio Goodman argued that such a broad disclosure was not relevant to the claim and unfairly invaded the privacy of our client.  The Court ruled in our favour, finding that such disclosure was disproportionate and overbroad. The Court found that the documents we had already disclosed in support of our client’s injury claim were sufficient, and therefore dismissed the insurer’s application.

This ruling underscores the benefit of hiring a lawyer to protect both your rights and your privacy over the course of your injury claim.