No healthcare organization looks forward to the day they have to deal with a data breach. Unfortunately, data breaches happen seemingly on a daily basis.
Can texting get a healthcare provider in trouble? The answer to that question, like many other legal ones, is “it depends.”
There should be information governance policies and procedures in place that address receipt, processing, and response to subpoenas whether or not these subpoenas call for disclosure of confidential information.
There are multiple reasons why otherwise discoverable information could be withheld, but this post will address privilege and work product.
The duty of parties in civil actions to “meet-and-confer”—in essence, to cooperate—continues throughout discovery. Unfortunately, cooperation is sometimes lacking.
Two recent appellate decisions from different states address production of medical records and the consequences to defendant healthcare providers that are unable to produce them.