Discovery Medical Records Emotional Distress

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“Garden Variety” Distress Does Not Warrant …

https://www.americanbar.org/groups/litigation/committees/pretrial-practice-discovery/practice/2019/garden-variety-distress-does-not-warrant-discovery-requests-for-medical-records/

In response to Prado’s claim for distress damages, Equifax requested “all documents relating or referring to any medical or mental treatments [Ms. Prado] received in the past seven years.” Prado refused the request, arguing against the invasive nature of the request in comparison to her “garden variety” distress claim.

ORDER REGARDING DISCOVERABILITY OF …

https://www.govinfo.gov/content/pkg/USCOURTS-nmd-1_15-cv-00815/pdf/USCOURTS-nmd-1_15-cv-00815-0.pdf

and Justin Empey, Plaintiffs Sharron and Delaney Empey assert claims for emotional distress and loss of consortium. The Court held a status conference on March 24, 2016, …

ORDER DENYING DEFENDANT'S REQUEST FOR …

https://cases.justia.com/federal/district-courts/california/caedce/1:2012cv01410/243483/26/0.pdf

Discovery Dispute seeking to compel the production of Plaintiff's medical records, contending that Plaintiff's claim for emotional distress placed her mental and emotional …

Are My Medical Records Discoverable If I File an …

https://www.dhillonlaw.com/are-my-medical-records-discoverable-if-i-file-an-employment-lawsuit/

In general, federal courts are hesitant to allow discovery into a plaintiff’s medical history if the plaintiff has only alleged “garden variety” emotional distress in …

Which Medical Files Can Your Employer Get in Litigation?

https://www.natlawreview.com/article/emotional-distress-damages-what-medical-files-can-your-employer-get-litigation

Emotional distress damages can be awarded for a variety of harms, including: diagnosed psychiatric conditions (such as depression or anxiety disorder); loss …

Unrelated medical issues can hurt your case - Plaintiff …

https://www.plaintiffmagazine.com/recent-issues/item/unrelated-medical-issues-can-hurt-your-case

(Vinson, supra, 43 Cal.3d 833, 841-842 [in sexual harassment case with emotional distress claim, plaintiff was not required to submit to extensive questioning about her sexual …

Court Addresses Discovery Relating to Emotional …

https://www.pospislaw.com/blog/2018/08/21/court-addresses-discovery-relating-to-emotional-distress-damages-in-title-vii-discrimination-case/

To the extent that Morales seeks damages for non-garden variety emotional distress, I agree with defendant that any medical records reflecting mental health …

Suing For Emotional Distress: How and When to Sue

https://www.forbes.com/advisor/legal/personal-injury/suing-emotional-distress/

Document Your Emotional Distress If you want to sue for emotional distress, the first step is to document your stress, including any physical symptoms. As …

Court Applies Amended Discovery Rule to Discovery Demands …

https://www.pospislaw.com/blog/2016/05/28/court-applies-amended-discovery-rule-to-discovery-demands-seeking-information-relating-to-claimed-emotional-distress-in-age-discrimination-case/

While plaintiff initially sought only “garden variety” emotional distress damages, he later sought “substantial” emotional distress damages. Defendant, in turn, …

Davis v. Superior Court (Williams) (1992) - Justia Law

https://law.justia.com/cases/california/court-of-appeal/4th/7/1008.html

We recognize that an allegation of pain and suffering from a physical injury permits a party to recover for a range of emotional injuries. Pain and [7 Cal. App. 4th 1016] suffering have …

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