HIPAA's role in liability cases tested in Mich.

Amy Lynn Sorrel reports:

Michigan’s Supreme Court is set to decide whether the Health Insurance Portability and Accountability Act preempts a state law allowing defendants in medical liability lawsuits to informally interview plaintiffs’ other treating physicians — a move that doctors say could put them at a disadvantage in defending such cases.

At issue is whether cardiologist Mark Rasak, DO, can seek a court order allowing his attorney to interview another physician who had treated the patient in the case, Linda Clippert. Her guardian, Andrea L. Holman, sued Dr. Rasak, alleging his failure to timely diagnose Clippert’s heart condition led to a heart attack and ultimately her death. The doctor denied any negligence.

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