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Will the Defense get to See Your Diary, if You have one, in a Medical Malpractice Lawsuit

Jul 12, 2015 | Medical Malpractice

Some people like to keep a diary, a log, or a journal, and they note down their innermost or private thoughts in it. They write things that motivate them or things that are troubling them that nobody else sees. Now, suppose you keep such a diary, and during the course of your medical malpractice lawsuit, you windup recording details about your injuries and how they have affected you.

You record information about things you cannot do, and your write things about your psychology and what you are thinking. For instance, it could be that you are depressed and write about the normal things you are unable to do on a daily basis.

Your Dedication Towards Your Diary is Impressive

The diaries you have been writing are personal, and you want to know whether during the course of your medical malpractice lawsuit you would have to show them to anybody. The answer is maybe, you might have to display what you have you been writing in your diary. This does not matter if your diary is virtual either, that falls under this same jurisdiction.

The defense is going to want to know, when they are talking with you during the pretrial question and answer session known as a deposition, whether you keep any personal notes or diaries about your injuries describing the situation you have been in. The defense will want to know whether you have written about the conversations you had with your doctor who is involved in the care and treatment of your injuries, and the doctor whom you have sued.

The Defense is Entitled to See Your Diaries

When the defense lawyer asks whether you have kept a diary, and whether you have written anything that has to do with the case, and you answer yes, then the defense is entitled to see those diaries and documents. The defense is not only entitled to read those diaries, but also may ask you many questions about what you have written in them. The defense lawyer is going to pick up on every single entry you have made, about every personal thought, and about every conversation you have mentioned in the diary relating to your injuries and disabilities.

They have this type of power.

Once you have said that you keep a diary and that you have written things in it that pertain to the case, the defense lawyer is entitled to a copy of your diary, and your lawyer will have to provide him a copy. During questioning the defense lawyer might even ask you to read out certain portions or he may ask you certain questions to see what you say matches with what you have written in your diary.

Having your diary read by someone else can be embarrassing since you would have mentioned many things in the diary that do not pertain to the case as well and which are private. In such an instance, you might request that your writing in your diary to be shielded so that it is not visible to another lawyer. The judge will usually authorize this since some of the information in your diary may not pertain to the case at all.