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MER-006: Discovery of Medical Records

Discovery of Medical Records: The Wisconsin Medical Society supports giving physicians in medical liability lawsuits the right to inspect and copy any film, image, scan, slide, specimen or other record or report concerning the physical or mental condition of the person claiming damages, including records from before and after the incident giving rise to the present claim. Any record relating to the physical or mental condition of the party claiming damages is presumed subject to discovery, with the party claiming damages having the burden of rebutting the presumption. (HOD, 0412)