How Private is Your Health Information?

Steve Klearman
Attorney
(866) 735-1102 Ext 535
Posted by Steve KlearmanDecember 14, 2006 2:20 PM

This will be an ongoing topic starting today. As a technology-obsessed attorney, our privacy as healthcare consumers interests (distresses) me.

A recent example: I had a small, simple auto accident case in which my client was the passenger in a vehcle that was hit. Clear liability any way you look at it. My client broke bones. Her only medical claim related to those broken bones.

Nevertheless, opposing counsel felt the need to make her entire medical history (my client was in her 40's) part of an inquiry. That's routine enough for defense counsel, but what wasn't so routine was that opposing counsel obtained 10 years of my client's medical records and then sent them to her client/insured.

Now why does her client, the defendant driver in an ordinary auto accident, need a stack of my client's medical records?

More thoughts on this issue next blog.

1 Comment

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Steven S Silvers
Posted by Steven S Silvers
January 02, 2007 3:44 PM

That is interesting, and it seems to be a fishing-expidition on the part of defense counsel, in my not-so-experienced opinion. I cannot imagine what the relevancy is of this particular clients entire 40 year medical history is as to valuating damages as to broken bones, unless of course there was some kind of condition that would bear upon the ease by which those broken bones were made possible!

It just seems to me that any tactic, however obstructionist or ridiculous, seems to be fair-game during this time, and everyone ultimately pays...

Comments for this article are closed.

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