Casting the discovery net too wide: defense attempts to disclose nonparty medical records in a civil action.

Imagine that you are a parent who has just filed a negligence suit on behalf ofyour child. Although not a party to the suit, the defense seeks the release of your personal medical, psychiatric, and school records to challenge your child's claims of causation. It is not unreasonable that your initial reaction would be surprise or even shock given that such practices threaten to invade your most intimate and personal information. Yet, these types ofpractices by civil defense teams are becoming widespread as a means to support alternative theories of causation. 1 For example, in Bogues v. 354 E. 21st Street Realty Corp.? Ms. Thomasina Jones, mother of six-year-old Randy Bogues, Jr., found her own health to be the subject of inquiry after she filed suit on behalf of her son for injuries he allegedly suffered from lead poisoning. Privacy considerations strike a deep chord within citizens given that privacy is deemed one of the most sacred and fundamental rights.3 Although the word "privacy" cannot be found in the U.S. Constitution, most people firmly believe that they have an inherent, fundamental right to be left alone. 4 Yet, in areas ranging from abortion to the information highway, courts have defined the scope ofprivacy in non-absolute terms, especially when competing values are at stake. In the context of discovery of nonparty medical records, the preservation of confidentiality has surfaced as a source of national concern. Courts face an