Relating to civil procedure, including disclosures that may be made to the jury and the availability of certain medical records

This bill relates to civil procedure, including disclosures that may be made to a jury and the availability of certain medical records. The bill allows the adverse party to present evidence of the plaintiff’s medical expenses if the plaintiff fails to offer evidence to prove the medical expenses. The bill allows mental and physical condition records held in a professional capacity to be discoverable by the adverse party by written request to the plaintiff. The plaintiff cannot refuse to waive confidentiality of those records if the plaintiff is claiming physical pain and suffering, mental pain and suffering, loss of full body and mind, or emotional distress. The plaintiff has the burden of proof that the information sought is not relevant to the subject matter of the action and reasonably calculated to lead to the discovery of admissible evidence. _____ The bill expands the disclosure available to the jury of actual economic losses as a result from the injury to also include past lost wages, future loss of earning capacity, workers’ compensation, and disability benefits.