Courts in 2 states rule on reach of HIPAA in medical liability cases

Amy Lynn Sorrel reports:

As HIPAA continues to raise hurdles for defendants in medical liability cases, courts in Georgia and Michigan addressed the role of the statute.

The courts interpreted to what extent, if any, the Health Insurance Portability and Accountability Act prevents a defendant physician’s attorney from informally interviewing a plaintiff’s prior or subsequent treating doctor in the course of litigation. The plaintiffs in the two cases sought to prevent any discussions regarding their medical histories, saying that would violate the federal privacy statute.

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