To obtain records from a nonparty who is not a practitioner of the healing arts, hospital, or health care facility, counsel can file for the production of documents under OCGA 9-11-34(c)(1). The nonparty discussing the requested information has 30 days to respond under this procedure. Records that could be obtained under this statute include employment records, school records, Worker’s Compensation reports, or other insurance files. These records do not implicate HIPPA and do not come under the medical authorization form requirement of OCGA 9-11-9.2.
OCGA 9-11-35A authorizes physical or mental examinations for parties to a lawsuit. An examination ordered pursuant to this section is commonly called an independent medical examination. A party can request the court to order a party to submit to the examination. The order may be made only on motion and for good cause shown upon notice to the person to be examined and to all parties and shall specify the time place and manner condition and scope of the examination and the person or persons by whom it is to be made OCGA 9-11-(35)a. The party that is submitted to the examination may request a report about the examiner’s findings from the party who requested the examination. If this request is made the party requesting the examination should provide the party who was examined a detailed report of the examining physician setting out his findings, including results of all tests made, diagnoses, and conclusions, together with like reports of all earlier examinations of the same condition. The court can order this report if the physician fails to make the report his testimony can be excluded OCGA 9-11-35 b3. Contact an atlanta lawyer for help with your case today.