Personal Injury Attorney Elizabeth “Lizzy” Gilbert scored a rare victory in an ongoing motor vehicle collision case, persuading a judge to allow access to certain medical records of a defendant attempting to claim protection from liability through Connecticut’s sudden medical emergency defense law.
“Connecticut courts currently allow a defendant and their insurer to escape liability if the defendant driver caused the accident due to a ‘medical emergency,’” explains a Tort Law post in the Western New England Law Review that argues Connecticut should move to disallow automobile insurance companies from taking advantage of this special defense to deny coverage.
“When a defendant proves that they suffered a ‘medical emergency,’ the plaintiff is also barred from recovering underinsured or uninsured motorist coverage under their own insurance policy,” the post further explains. “The injured person is left with the financial burden, despite the fact that both parties were covered by insurance.”
Attorney Gilbert’s clients sustained serious injuries when their vehicle was struck by a vehicle driven by the defendant, who is citing a sudden medical emergency as the cause.
“The plaintiff’s attorney has to investigate whether there truly was a sudden medical emergency that meets the burden of proof,” Attorney Gilbert said, explaining that this involves determining whether there may have been mitigating issues such as the following:
- Feeling unwell in a way that raises doubts about the advisability of driving
- Knowledge of risk for a medical issue
- Being on notice from a physician to avoid driving because of a medical issue
- Having certain medical conditions that could cause a sudden issue while driving
- Prior medical history that suggests risk of a sudden medical issue
Attorney Gilbert moved to obtain the defendant’s medical records within a scope limited to medical conditions that might occasion the emergency that was alleged.
Legal counsel for the defense attempted to block access and argued that if the court allowed access to medical records, it should be much more limited than the records requested by Attorney Gilbert.
The judge approved Attorney Gilbert’s requests without limitations.
“The court is always concerned with balancing a need for information in the prosecution of a case and privacy with regard to medical records. In this case, we made a strong argument that the requested records were necessary to determine whether the defendant experienced a true sudden medical emergency as defined by the law,” Attorney Gilbert said.
“We are very lucky to have Lizzy, as her research and writing is top notch. Getting Lizzy to join our team will result in dividends being paid to our clients,” Senior Partner Ryan Henry said.
About Attorney Gilbert
Attorney Gilbert came to Cramer & Anderson from another Connecticut firm in October 2024 to join the Personal Injury team. Her practice also includes Medical Malpractice.
She is based in the firm’s New Milford office, where her mother, Glynis Gilbert, is the lead paralegal for injury law Partner Ryan Henry.
See her profile page to learn more. She may be reached by phone at 860-355-2631, or by email at egilbert@crameranderson.com.
About Cramer & Anderson
Cramer & Anderson provides sophisticated legal services, close to home, with regional offices in New Milford, Litchfield, Danbury, and Ridgefield. For more information, see the firm’s website or call the flagship office in New Milford at (860) 355-2631.