In the waning days of session, plaintiffs’ attorneys are attempting to ram through sweeping legislation that would severely undermine a defendant’s ability to perform discovery in civil actions. If enacted, AB 815/SB 628 would tip the scales of justice overwhelmingly in favor of plaintiffs by limiting a defendant’s ability to access a plaintiff’s medical records during discovery. The legislation would also severely limit medical examinations when the plaintiff is claiming damages for injuries related to the accident. As a result of these far reaching proposals, AB 815/SB 628 will negatively impact that courts’ ability to search for the truth.
In turn, this will negatively affect the business community. Without proper discovery of prior medical conditions, plaintiffs’ attorneys will seek and obtain higher jackpots for injuries that could have occurred years prior to the accident and which have no relationship with alleged injuries in the civil action.
The Assembly Committee on Judiciary and Ethics has scheduled a public hearing on Tuesday, April 6 at 10:00 a.m., Room 225 NW, State Capitol. Continue reading “Legislature Considers Prior Injury Cover-up Act”