News & Analysis as of

Medical Records Discovery

U.S. Legal Support

How to Streamline Record Retrieval

U.S. Legal Support on

Lawyers and legal professionals depend on seamless, efficient records retrieval at all stages of litigation. The healthcare industry also relies on efficient medical record retrieval services to process insurance claims and...more

Array

This Week in eDiscovery: Survey on eDiscovery Growth | ‘Tis the Season for CLEs & More

Array on

This week’s post covers the period of December 15-20. Here’s what’s happening....more

U.S. Legal Support

Top Record Retrieval Trends in 2024

U.S. Legal Support on

While record retrieval may sound like a straightforward task, legal professionals know it’s a complex, time-consuming process involving multiple entities, layers of rules and regulations, and security concerns (which...more

U.S. Legal Support

How to Choose a Record Retrieval Partner

U.S. Legal Support on

Record retrieval is an integral part of any legal case, giving attorneys access to accurate and up-to-date information on which to base their arguments. Preparing records for a case or legal matter requires carefully...more

Marshall Dennehey

Federal District Court Finds that Mental Health Records Are Not Discoverable Under Ohio State Law

Marshall Dennehey on

Jenkins v. Samuels, No. 3:21-CV-229, 2022 WL 20475979 (S.D. Ohio Nov. 17, 2022) - While the plaintiff claimed that, following his motor vehicle accident with the defendants’ semi-trailer truck, he suffered from “head pain,...more

Goldberg Segalla

Defendant’s Attempt to Obtain Tissue Sample for Digestion Testing Denied

Goldberg Segalla on

Court: Supreme Court of New York, New York County - In this asbestos action, plaintiff Almando Rodney underwent a pleurectomy. Defendant Mercedez-Benz USA LLC (MBUSA) moved to seek an out-of-state subpoena in order to...more

McGuireWoods LLP

Five Things Healthcare Providers Need to Know About Peer Review Privilege

McGuireWoods LLP on

The peer review privilege, a critically important but often misunderstood legal protection, shields certain records and proceedings from disclosure outside the peer review process. Healthcare providers engaged in medical...more

U.S. Legal Support

What Is Included in Medical Records?

U.S. Legal Support on

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

U.S. Legal Support on

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

U.S. Legal Support on

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

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

Harris Beach Murtha PLLC

Health Care Providers Beware: Subpoenas Continue to Be a Source of Concern

A recent Connecticut Appellate Court decision highlights the importance of health care provider attention to subpoenas involving patient information.  In January 2018, our office published a summary of a then-recent...more

Miles Mediation & Arbitration

10 Tips for Supporting—or Refuting—Medical Records during Mediation

When mediating personal injury cases, I often notice attorneys falling into the same traps time and again—especially when it comes to how they use medical records to support their cases or develop their defenses. To help you...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Washington Law Restricts Employers’ Access to Medical Records in WLAD Cases

Washington recently passed a law limiting discovery of medical records and other medical information for discrimination claims brought under the Washington Law Against Discrimination (WLAD). The law went into effect on June...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

Littler

New Washington State Law Restricts Permissible Discovery of Plaintiff's Medical Records in Discrimination Lawsuits

Littler on

A new Washington law (SB 6027) impacts the scope of discovery of a plaintiff’s medical records in litigation brought under Washington’s Law Against Discrimination (“WLAD”). The law will become effective on June 7, 2018....more

Bass, Berry & Sims PLC

Healthcare Fraud & Abuse Review 2017

Bass, Berry & Sims PLC on

A LOOK BACK... A LOOK AHEAD - While the uncertainty associated with legislative efforts to repeal the Patient Protection and Affordable Care Act (PPACA) dominated most of the headlines for the healthcare industry last year,...more

Bass, Berry & Sims PLC

DOJ Bows Out of ManorCare FCA Case

Bass, Berry & Sims PLC on

After years of investigation and litigation, and on the eve of a highly anticipated trial, the government abandoned its FCA case against ManorCare, the nation’s second-largest operator of skilled nursing homes and assisted...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hospital Answer Stricken for Destroying Paper Medical Record after Scanning into the EMR

On Wednesday, October 25, 2017, the Arkansas Court of Appeals handed down an opinion affirming a severe sanction against a hospital in a medical malpractice case. The trial court had stricken the hospital’s answer, where...more

Miles & Stockbridge P.C.

Court of Special Appeals Affirms Admission of Plaintiff’s Medical Records into Evidence to Support Opinions of Defense Expert

A recent holding of the Court of Special Appeals of Maryland is of significance to companies defending personal injury lawsuits—particularly those where the nature or extent of a plaintiff’s alleged injuries is in dispute. In...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

Littler

Annual Report on EEOC Developments – Fiscal Year 2016

Littler on

This Annual Report on EEOC Developments—Fiscal Year 2016 (hereafter “Report”), our sixth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not...more

Bennett Jones LLP

Ontario Superior Court States Clear Rule on Pre-Certification Production of Medical Records in Class Actions

Bennett Jones LLP on

On March 20, 2015, Justice Belobaba released his reasons in Dine v Biomet, a motion concerning the production of medical records prior to a certification motion. The case is a proposed product liability class action...more

Sheppard Mullin Richter & Hampton LLP

Lessons From A Cautionary Tale of Electronic Discovery Pitfalls in Health Care Litigation

E-discovery is especially challenging in healthcare related litigation due to the healthcare industry’s reliance on electronically stored information (ESI), the volume of medical records often at issue in health care...more

24 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide