Federal law generally prohibits the disclosure of a patient’s protected health information without the patient’s consent. In certain instances, however, a patient’s acts may constitute a waiver of the right to object to other parties obtaining the patient’s health information. For example, if a patient files a medical malpractice lawsuit against a medical provider, thereby placing the patient’s health at issue, the courts may allow the provider to obtain information from other parties that treated the patient, even if the patient does not grant permission. This was demonstrated in a recent federal case. If you were hurt by the incompetence of a doctor or nurse, it is advisable to consult a skillful Maryland medical malpractice attorney to assess whether you may have a viable claim for damages.
Facts of the Case
It is reported that the plaintiff was admitted to the intensive care burn unit of the defendant hospital with symptoms of a serious skin infection. She ultimately lost vision in both of her eyes due to the defendant’s employee’s failure to provide her with proper care. She then filed a medical malpractice lawsuit against the defendant.
Allegedly, during the course of discovery, the defendant filed a motion asking the court to allow it to obtain information from numerous providers that treated the plaintiff without engaging in the formal discovery process. In other words, the defendant’s attorney wished to contact them without the use of a subpoena or discovery request. The plaintiff objected, arguing that it would violate her doctor-patient relationships. Continue Reading ›