STAFFORD v. HOME DEPOT U.S.A., INC., 4:11CV3140. (2012)
Court: District Court, D. Nebraska
Number: infdco20120110753
Visitors: 13
Filed: Jan. 09, 2012
Latest Update: Jan. 09, 2012
Summary: MEMORANDUM AND ORDER CHERYL R. ZWART, Magistrate Judge. The defendants have moved to compel the plaintiff to produce a signed authorization allowing the defendants to obtain copies of the plaintiff's medical records from Sterling Medical Center, in Sterling, Colorado. (Filing No. 17). The defendants state they have subpoenaed the records, but Sterling Medical will not comply with the subpoena absent an authorization signed by the plaintiff. The plaintiff did not object to the subpoena. But sh
Summary: MEMORANDUM AND ORDER CHERYL R. ZWART, Magistrate Judge. The defendants have moved to compel the plaintiff to produce a signed authorization allowing the defendants to obtain copies of the plaintiff's medical records from Sterling Medical Center, in Sterling, Colorado. (Filing No. 17). The defendants state they have subpoenaed the records, but Sterling Medical will not comply with the subpoena absent an authorization signed by the plaintiff. The plaintiff did not object to the subpoena. But she..
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MEMORANDUM AND ORDER
CHERYL R. ZWART, Magistrate Judge.
The defendants have moved to compel the plaintiff to produce a signed authorization allowing the defendants to obtain copies of the plaintiff's medical records from Sterling Medical Center, in Sterling, Colorado. (Filing No. 17). The defendants state they have subpoenaed the records, but Sterling Medical will not comply with the subpoena absent an authorization signed by the plaintiff.
The plaintiff did not object to the subpoena. But she refuses to sign the authorization, stating the defendants cannot be allowed to obtain records directly from the plaintiff's medical providers, they are not entitled to receive a medical authorization signed by the plaintiff, and the defendants do not need the records because the plaintiff has already produced them.
The plaintiff has placed her medical condition at issue. The defendant is entitled to her medical records. Although it has already received records from the plaintiff, the defendant is permitted to obtain records directly from the medical provider even absent any showing that the plaintiff is withholding information; the defendants are allowed to "trust, but verify" that the records received are complete. The plaintiff will not be burdened by signing a medical authorization, and the medical release will facilitate defendants' discovery.
Accordingly,
IT IS ORDERED:
1) The defendant's motion to compel, (filing no. 17), is granted.
2) On or before January 17, 2012, the plaintiff shall produce to defense counsel a fully executed "Authorization to Use or Disclose My Health Information" (copy attached).
3) Upon receipt, the defendant will provide the plaintiff with a copy of all records received from Sterling Medical.
Source: Leagle
