Are Psychiatric or Psychological Records Discoverable in a Florida Personal Injury Case?

I read an article about the Stoneman Douglas mass shooting that stated an attorney representing the school board was requesting parents, who had children that died during the shooting, to submit their psychiatric/psychological records to prove that they had emotional pain and suffering. While this seems like common sense should prevail, because any parent that loses a child would suffer from emotional pain and suffering, it isn’t illegal for the attorney to ask for these records.

Typically these types of medical records would be considered confidential in Florida; however, when a person claims they suffered or are suffering from emotional pain and mental anguish, they are allowing these records to be brought into question. Now there are some limits as to what can be requested. For example, if one of the parents went to a psychiatrist or psychologist 20 years ago then those records could be excluded because they don’t pertain to the current case. Now if a plaintiff decides they do not want to share any of their psychiatric or psychologist records then they could just drop their claim for emotional pain and suffering.

If you have any questions about what can and can’t be requested from opposing counsel or any other questions about your personal injury claim, please feel free to reach out to us. You can call us at 407-565-7386 or text us at 407-644-4444. We are always happy to offer a no obligation, free consultation to discuss your case with you.