In a Case of Physical and Mental Suffering, a Subpoena Duces Tecum for Medical Records should not be Quashed or Modified as to Length of Years
Recently, there has been a push to limit the scope of medical records subpoenas in personal injury cases. Attorneys rely on the “good cause” balancing test of Va. Code § 32.1-127.1:03(H) to say that a subpoena for medical records from birth to the present is too broad. However, the case law in conjunction with the Virginia Code shows that in a case involving physical and mental suffering, the broad scope of a subpoena duces tecum for medical records is appropriate.