Bar Bulletin

Bar Bulletin

Obtaining Medical Records in Emotional Distress Cases

August 2018 Bar Bulletin

by Bridget Schuster

During my time as a defense attorney, I helped defend an insurance company in an insurance coverage, bad-faith case involving a homeowners’ policy. The plaintiff claimed emotional distress damages, and during discovery I requested mental health records. I had always understood that medical or mental health records were required in a case involving emotional distress.

But when opposing counsel explained to me that emotional distress in an insurance bad-faith case did not require medical records, I discovered he was right. This article will discuss the circumstances under which a plaintiff must provide proof of symptoms (i.e., through medical records) and those under...

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