Privacy Professional Malpractice

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Talk Amongst Yourselves: HIPAA Does Not Preempt Florida Med Mal Presuit Authorization Law

The United States Court of Appeals for the Eleventh Circuit recently concluded that the Health Insurance Portability and Accountability Act of 1996 (HIPAA) does not prevent the application of a Florida law requiring...more

Talk Amongst Yourselves: HIPAA Does Not Preempt Florida Med Mal Presuit Authorization Law

The United States Court of Appeals for the Eleventh Circuit recently concluded that the Health Insurance Portability and Accountability Act of 1996 (HIPAA) does not prevent the application of a Florida law requiring...more

Recent 11th Circuit Cases Provide Important HIPAA Guidance - Healthcare Providers Should Be Proactive by Reviewing Their HIPAA...

On Oct. 10, 2014, the 11th Circuit opinion in Murphy v. Dulay provides significant guidance regarding HIPAA authorization forms. One of the most important provisions of the opinion focuses on the fact that HIPAA...more

The fiduciary exception to the attorney-client privilege: A recent development

In a suit by the beneficiary against the trustee, is the trustee entitled to assert the attorney-client privilege against the beneficiary, or is there a fiduciary exception to the attorney-client privilege? As to...more

A Federal Court Holds HIPAA Preempts A Florida Medical Malpractice Pre-Suit Requirement

Judge Hinkle, of the U.S. District Court for the Northern District of Florida, recently held that one of Florida’s pre-suit requirements for pursuing a medical negligence claim under Florida law is contrary to federal law and...more

Court Overturns Presuit Patient Authorization Requirement Under Florida Medical Malpractice Statute

On September 25, 2013, the Northern District Court of Florida, Tallahassee Division, ruled that Florida Statute § 766.1065 violated the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) by requiring a...more

Florida's New Med-Mal Law Is Pre-Empted By HIPAA And Is Voided By Federal Judge

A new part of Florida's medical malpractice law has been voided by a federal judge on the grounds that it is pre-empted by HIPAA. The law, passed during the 2013 legislative session and effective only on July 1 2013,...more

Florida Supreme Court Poised Again to Clarify the Scope of the Discovery of Records of Adverse Medical Incidents

The Florida Supreme Court has accepted review of the Third District’s decision in Ampuero-Martinez v. Cedars Healthcare Group, 88 So. 3d 190 (Fla. 3d DCA 2000), (Case Nos. SC11-2208 and SC11-2336), which will decide when the...more

HIPAA Violation Results in $1.44M Jury Verdict Against Walgreens, Pharmacist

Although HIPAA does not create a private cause of action, a recent Indiana Superior Court jury verdict demonstrates that HIPAA still could play an important role in private causes of action in state court based on negligence...more

HIPAA Violation Results in $1.44 Million Jury Verdict Against Walgreens, Pharmacist

Although HIPAA does not create a private cause of action, a recent Indiana Superior Court jury verdict indicates that HIPAA could still play an important role in private causes of action in state court based on negligence and...more

Document Retention Is Paramount in New Jersey Business Litigation

Document Retention Is Paramount in New Jersey Business Litigation by Christine M. Vanek on July 2, 2012 A recent decision by a New Jersey appeals court highlights the importance of document retention during business...more

California Extends Privacy Protection to Confidential Settlement Agreements

The good news: The case has settled and the settlement agreement is confidential. The bad news: Another lawsuit arises and the confidential settlement agreement is requested in discovery. The dilemma: Honor the...more

Sample Disclosure - Attorney / Client Privilege - Use of Email / Texting to Communicate

This is a sample client disclosure concerning the use of email and texting as a means of communicating between attorney and client; it's potential impact on the attorney - client privilege and a response to ABA Formal Ethics...more

Sample client disclosure concerning attorney-client email communicaitons

This is a sample client disclosure concerning the use of email and texting as a means of communicating between attorney and client; it's potential impact on the attorney - client privilege and a response to ABA Formal Ethics...more

IL CONSENSO INFORMATO IN PSICHIATRIA

La prassi clinica e psichiatrica non può e non deve discostarsi da quelli che sono i fondamenti legali e disciplinari della relativa competenza specialistica....more

Personal Injury and Workers’ Compensation Round Up - May 26, 2011

Here’s what other personal injury and workers’ compensation lawyers have been talking about over the past few weeks: Are Congress’s Med Mal Reform Efforts Unconstitutional? (TortsProfBlog) North Carolina Proposes to...more

Mistakes Lawyers Make That Could Put Your Confidential Information Into The Hands of Identity Thieves

In each of the following mistakes, ask yourself whether you think a receptionist, delivery person, or cleaning crew could get their hands on your confidential legal documents. I think you'll agree that any one of these...more

Ethical Juggle of a Maryland Lawyer

An overview of some of the ethical concerns of attorney client privilege from the blog of http://fgalaw.com....more

Your Workplace Computer Is A Lonely Public Roadway

According to the third district appellate court in Holmes v. Petrovich, 2011 DJDAR 671, your office privacy is a lonely public roadway. And where the limits are clearly posted, you had better obey—no matter what kind of...more

DEPOSITIONS-ARE THEY IN LEGAL JEAPORDY

This document is a re-print article from the ED Legal Letter titled: :"DEPOSITIONS: ARE THEY LEGAL JEOPARDY?"...more

Online Privacy Considerations (And Outrages) for Lawyers to Ponder

When I discuss my privacy concerns with people, frequently the response I get is "If you're not doing anything wrong, why do you care?" I'll tell ya why I care. Just because something's private doesn't mean it's bad or...more

HVB Blurb (What's on your office copier?)

This document contains links to an article concerning an investigation by CBS Evening News into privacy concerns associated with digital office copiers....more

Complying with PIPEDA in Canada

Compliance with the Personal Information Protection and Electronic Documents Act On January 1, 2001, Part I of the Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5 (“PIPEDA”) came...more

"TWEET" THIS: The Ethics of Social Networking

This article explores the ethical concerns created by the explosion of social networking as it relates to law firm marketing, confidentiality and privilege. ...more

Lawyers Beware: Take action now to protect healthcare information or risk stiff penalties!

Beginning February 17, 2010,lawyers who represent clients in the healthcare industry face new statutory obligations to take affirmative steps to ensure the privacy of their clients’ patient information when it is transmitted...more

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