08/25/2025
I love this post by Kayli in my office about a hearing she covered today in Vero Beach. Happy with the result, but even more importantly it highlights such an important issue for women’s health.
This morning, I was in a hearing that felt a bit like a cattle call — many attorneys, many claims, moving quickly. You know the ones.
In one case, I had requested the Plaintiff’s prior medical records, including her OB/GYN records. Opposing counsel objected, arguing privacy rights and irrelevance: “Why would we need to know about her reproductive health in a low back injury case?”
Before the hearing, I’d already explained our position to counsel. OB/GYN evaluations frequently include assessments of the lower back and pelvis due to their anatomical and functional connection. Hormonal conditions, pelvic disorders, or gynecological procedures can contribute to or mimic back pain. Records like these may be key to understanding causation, apportionment, or preexisting conditions.
In fact, this Plaintiff’s hospital records already noted a history of PCOS (polycystic o***y syndrome). PCOS is associated with increased risk of osteoarthritis and can manifest in musculoskeletal pain, including the lower back.
After placing our arguments on the record, opposing counsel was allowed a brief response to my points. He advised that he performed a quick Google search, and announced to the Court that, per his google search, PCOS has nothing to do with back pain or osteoarthritis, and then… laughed.
He laughed.
I couldn’t help but respond: “So you’ve got ovaries now?”
This moment is just one example of a much larger issue. Far too often, women’s medical complaints are dismissed or minimized — by healthcare providers, and yes, even in the courtroom. This phenomenon, often called medical gaslighting, means women’s symptoms are attributed to stress or dismissed as irrelevant rather than investigated with seriousness.
The result? Delayed diagnoses. Inadequate treatment. Unnecessary suffering. Conditions like PCOS and endometriosis are often left undiagnosed for years until a woman finally finds someone who will listen. Bias, outdated stereotypes, and the historic lack of women’s representation in medical research all fuel this reality.
It’s time to do better — in medicine, in law, and in every space where women’s health is too often ignored or minimized.
Oh, and their objection was overruled by the Judge (also a female).
