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Recently, a local trial court held that a plaintiff's right to some medical information is protected in a personal injury lawsuit. In Beaston v. Benaknin, 49 Lebanon Co. L. J. 54 (2011) the trial court in Lebanon County holds that the plaintiff is not required to sign a blanket medical authorization form allowing the defendant to obtain medical records directly from providers. The trial court finds that the plaintiff should be permitted to enjoy confidentiality with respect to medical information that is personal and irrelevant to the litigation at hand. However, the court notes that plaintiff's counsel cannot be in exclusive control of what medical information is or is not provided and is to identify what documents have not been provided. Then, if defendant wants to try and obtain the documents not provided it can request an in camera review per Pa.R.C.P. 4009.12.

For a copy of the opinion feel free to contact Scott Cooper at SchmidtKramer Injury lawyers.

Scott B. Cooper

Schmidt Kramer PC
209 State Street
Harrisburg, PA 17101
(717) 232-6300 – Telephone
(717) 232-6467 – Facsimile

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