Posted on July 20, 2015 by Julie Brook, Esq.
In cases in which there are medical issues, you’ll need to decide whether to depose the treating physician. Here are some considerations to keep in mind as you make this call. Continue reading
Filed under: Civil Litigation, Discovery, Legal Topics, Personal Injury, Tort Law | Tagged: damages, deposition, discovery, expert witness, medical records, medical testimony, opinion testimony, personal injury, treating physician | Leave a comment »
Posted on December 1, 2014 by Jean Magistrale, Esq.
In what’s being touted as a national precedent, the Indiana Court of Appeals upheld a $1.4 million trial court verdict for a Walgreens customer whose prescription information was leaked by a pharmacist to a third party. This may be one of the first times a health care provider was found liable under state negligence law for an employee’s failure to follow the federal Health Insurance Portability and Accountability Act (HIPAA)—and serves as a cautionary tale for employers in every state. Continue reading
Filed under: Business Law, Employment Law, Legal Topics, New Legal Developments, Tort Law | Tagged: employer liability, health care providers, HIPAA, medical records, negligence, pharmacy records, privacy, respondeat superior | 2 Comments »
Posted on January 10, 2014 by CEB
The following is a guest blog post by Lynn Hollenbeck. Lynn is a litigation attorney with Bunting Drayton & Alward in San Francisco, with expertise in premises defense, insurance defense, asbestos defense, and construction defect.
For defense counsel, plaintiff’s medical records often contain unexpected sources of information beyond examination findings, diagnoses, and prognoses. You may not find the dispositive document that disproves causation, but the records can bolster other issues in the case. Continue reading
Filed under: Civil Litigation, Discovery, Legal Topics, Litigation Strategy, Personal Injury, Pretrial Matters, Tort Law | Tagged: defense counsel, deposition, evidence, medical examination, medical records, personal injury | 5 Comments »
Posted on August 9, 2013 by Jean Magistrale, Esq.
In March, at long last, the US Department of Health and Human Services released a final Omnibus Rule on privacy and security of personal health information. Some have labeled the Rule a “sweeping reform,” but, in fact, it largely just replaces and finalizes prior “interim” final rules and proposed rules. But there are some important changes you should know about. Continue reading
Filed under: Business Law, Legal Topics, New Legal Developments | Tagged: confidential information, health information, Health Insurance Portability and Accountability Act, HIPAA, medical records, patient records, privacy | 5 Comments »