Defense attorneys may ask courts to waive medical confidentiality rules and allow them to conduct ex parte interviews with physicians about the treatment of plaintiffs involved in medical malpractice actions, the New York Court of Appeals ruled Tuesday.
The issue of the legality of the ex parte conversations began cropping up in New York litigation in 2003, when confidentiality provisions took effect under the 1996 federal Health Insurance Portability and Accountability Act (HIPAA). Tuesday’s ruling was the first time the Court of Appeals had considered the issue.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]