Medical Malpractice Victim Doesn’t Lose All of Her Medical Privacy Rights

Not so long ago the law seemed clear that people suing for personal injuries arising from medical malpractice or other accidents did not give up their privacy rights concerning their entire medical history but only as to those medical conditions and treatment that was related to the injuries claimed in the lawsuit. But lately defendants’ attorneys have been demanding authorizations for our clients’ entire medical history, whether or not related to the injuries claimed, based upon their argument that the impact the injuries have on a victim’s life (their loss of enjoyment of life) can only be properly evaluated by … Read the rest

Subpoena for Hospital Records for Investigation of Death of Prison Inmate Held Enforceable Notwithstanding Privacy Laws

In the matter of New York City Health and Hospitals Corporation vs. New York State Commission Of Correction, — N.E.2d —-, 2012 N.Y. Slip Op. 03571 (May 8, 2012), the Court of Appeals was called upon to decide the enforceability of a subpoena duces tecum issued by the Medical Review Board of the New York State Commission (“Commission”) to Elmhurst Hospital, operated by the New York City Health and Hospitals Corporation (“HHC”) for hospital records of an inmate, Carlos Frazier, who, while in custody of New York City, died subsequent to transfers from the City facility where he was … Read the rest

Amid Privacy Concerns, Google Announces “Google Health”, an On-Line Health-Records Management System

Google has announced a pilot project called Google Health in which it will begin storing the medical records of 1,500 to 10,000 patients at the Cleveland Clinic who agreed to an electronic transfer of their personal health records so they can be retrieved through Google’s service, which will not be open to the general public. Each health profile, including information about prescriptions, allergies and medical histories, will be protected by a password.

Last year Microsoft introduced a similar service, HealthVault, and AOL co-founder Steve Case founded Revolution Health, which also offers online tools for managing personal health histories.

The project … Read the rest

A Concierge is a Service Available Not Only at a Hotel

“Medical concierge,” also known as “boutique practice” and “retainer medicine”, is over 20 years old. The goal behind this form of medicine is to provide quality medical services that were formerly only able to be offered to affluent entertainers and the like. For instance, this field promotes limiting the number of patients that each doctor sees, increasing the number and length of house visits with those patients, lengthening the time available with patients during their appointments, and the overall goal of increasing the quality of health care.

Many doctors pursue the field of “medical concierge” to ensure that patients are … Read the rest

Recovery of Punitive Damages Allowed for Unauthorized Disclosure of Privileged Medical Information

The Appellate Division, Second Department of the New York State Supreme Court has ruled that an unmarried woman who underwent an abortion can recover punitive damages from the medical clinic where the procedure was performed for the clinic’s wrongful disclosure to her mother of private information from which the girl’s mother was able to deduce that the girl had undergone a abortion. The case is J. v. Long Island Surgi-Center, decided on September 25, 2007.

The appellate court was reviewing a jury verdict awarding the plaintiff $65,000.00 in compensatory damages for emotional distress and $300,000.00 in punitive damages. The … Read the rest