News & Analysis as of

Health Insurance Portability and Accountability Act (HIPAA) Discovery

Marshall Dennehey

New Jersey Courts Address Plaintiffs’ Demands to Inspect Electronic Medical Records – Appellate Division Sides with Plaintiffs...

Marshall Dennehey on

Estate of Lasiw by Lasiw v. Periera, 475 N.J. Super. 378 (2023) - Plaintiffs have increasingly demanded to gain access to the Electronic Medical Records (EMR) of health care providers/facilities, citing Rule 4:18-1, and Rule...more

U.S. Legal Support

What Is Included in Medical Records?

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A medical record is a documented account of an individual’s medical history, which can be information that can make or break certain legal cases. Most individuals will have unique medical information from multiple providers...more

U.S. Legal Support

Attorney Request for Medical Records: A Guide

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A negligent surgeon, auto accident, personal injury, bar fight—many legal cases require requesting, analyzing, and organizing medical records. Whether you’re representing the plaintiff or the defendant, you’ll want to reduce...more

U.S. Legal Support

A Guide to Medical Record Retrieval

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Some documents you collect during discovery and litigation preparation are straightforward—like deeds, trial transcripts, or insurance policies. Medical records, on the other hand, are not always as simple.  From tracking...more

Hanzo

Hanzo Top 20 Ediscovery & Compliance Blogs of 2022, Part 1

Hanzo on

It’s been another interesting year in the world of legal technology, and we here at Hanzo have covered a variety of topics in 2022. For the next two weeks in December, we’ll highlight our top 20 ediscovery and compliance...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Are Courts Still the Best Place to Litigate a Qui Tam Action?

In a typical qui tam case, the sequence and life cycle follow a similar trajectory. The relator files a sealed qui tam complaint in a federal courthouse in the United States. While COVID has disrupted litigation, particularly...more

Kennedys

Beyond borders: how to obtain a plaintiff’s medical records located outside the US

Kennedys on

A staple of personal injury litigation in the United States concerns the gathering and exchange of a plaintiff’s medical records through the discovery process. These records are often critical to defendants and must be...more

Association of Certified E-Discovery...

[Virtual Event] Electronic Medical Records: Pain Points & Practice - December 3rd, 12:00 pm - 1:00 pm EST

The discovery of Electronic Medical Records, along with their associated audit logs, is one the most common tasks in a wide range of litigation matters, yet this discovery remains problematic and difficult. Numerous statutory...more

Epiq

The Ins and Outs of Early Case Assessment for a Cyber Incident Review

Epiq on

In the fast-moving industry of cyber incident response, success and efficiency come from preparation. Once a matter is promoted to review, the most common request for timing is “as soon as possible.” How is a client’s desire...more

Lighthouse

Beyond HIPAA: Protecting Private Data in Healthcare Fraud Matters

Lighthouse on

When it comes to data privacy in healthcare fraud investigations and litigation, there is more than HIPAA to consider.  Fraud investigations and litigation in the healthcare industry are growing. Whether these matters are...more

Reveal

You Need Only Two Letters Today to Keep Up with the “Alphabet Soup” of Compliance

Reveal on

Back in November, I wrote on this blog about Big Data being one of the challenges that is forcing technology to move more to the data sooner in the discovery process. One of the most notable fun facts that illustrate just how...more

Association of Certified E-Discovery...

Weekly Trends Report – 12/12/2018 Insights

Insight into where e-discovery, information governance cybersecurity, and digital transformation are heading – who is doing what now or in the future, what works and what doesn’t, and what people wish they could do but can’t...more

Steptoe & Johnson PLLC

Providers Beware: Take Care When Producing Mental Health Records in Response to Nonparty Subpoenas

Steptoe & Johnson PLLC on

A recent decision by the Supreme Court of Appeals of West Virginia draws a sharp line of distinction for hospitals responding to nonparty subpoenas against the unauthorized disclosure of confidential mental health records. In...more

Holland & Knight LLP

Florida Supreme Court Strikes Defendants' Ex Parte Interviews with Treating Physicians

Holland & Knight LLP on

• The Florida Supreme Court has dealt a significant blow to Florida's medical malpractice pre-suit process, ruling that statutes authorizing the conduct of informal, ex parte interviews with a medical malpractice claimant's...more

Mintz - Privacy & Cybersecurity Viewpoints

HIPAA spring check-up: Your obligations to safeguard third-party patient health information in medical records produced in...

You’ve had your apple a day, but you can’t keep the subpoenas away… And, if your organization is facing a request seeking records or other materials that may contain patient health information (“PHI”), it bears...more

Butler Snow LLP

Sixth Circuit Denies Seal of Approval for Unjustified Filings Under Seal

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Litigants and third parties subpoenaed to produce information in litigation who believe that information that they deem confidential will not ever become part of the public record so long as a discovery protective order is in...more

Obermayer Rebmann Maxwell & Hippel LLP

Protected Health Information: Providers Must Proceed with Caution

Medical records are a powerful weapon in the courtroom. They may reveal the extent of an individual’s injury in a personal injury case or substantiate the severity of an individual’s mental illness when that mental illness is...more

Butler Snow LLP

HIPAA Does Not Preempt Statutory Right to Ex Parte Interviews of Treating Physicians in Tennessee Health Care Liability Actions

Butler Snow LLP on

A key tool for the defense of medical providers in Tennessee facing malpractice liability has been held to be not preempted by federal law. On June 3, 2016, the Tennessee Court of Appeals, in Caldwell v. Baptist Memorial...more

Spilman Thomas & Battle, PLLC

SuperVision Today - March 2016

Notes from the Chair and Executive Editor - Welcome to 2016's first edition of SuperVision Today, the enewsletter from Spilman Thomas & Battle's Labor & Employment Group. Our clients in West Virginia certainly are...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - November 2015

Despite Prior Suits, Policyholder Entitled to Coverage for DOJ Investigation - Why it matters: A policyholder was entitled to coverage for a Department of Justice (DOJ) investigation despite already facing possibly...more

Foley & Lardner LLP

Responding Effectively to Third-Party Subpoenas

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It is your lucky day!! A subpoena comes in the mail and makes its way to your desk. The subpoena comes from a creditor involved in a lawsuit with one of your employees and demands that you produce copies of your employee’s...more

Searcy Denney Scarola Barnhart & Shipley

E-Discovery Cases — Herding Cats would be easier

Two disturbing cases for different, but similar reasons. When did parties jump from collection and culling of documents to simply turning over all possible evidence blindly and relying on a claw back agreement to...more

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