When medical malpractice defense counsel first heard of the new privacy regulations issued by the U.S. Department of Health and Human Services under the Health Insurance Portability and Accountability Act of 1996 (the HIPAA privacy regulations), most probably thought that these detailed and complicated laws would affect only their regulatory health care colleagues.
Jumping Through Hoops: Discovery of Records under HIPAA
When medical malpractice defense counsel first heard of the new privacy regulations issued by the U.S. Department of Health and Human Services under the Health Insurance Portability and Accountability Act of 1996 (the HIPAA privacy regulations), most probably thought that these detailed and complicated laws would affect only their regulatory health care colleagues. How great an impact the HIPAA privacy regulations will have on medical malpractice litigation, in general, is yet to be seen, but it is clear that these regulations have immediately affected discovery of medical records in med-mal cases.
By
Lori G. Cohen, ESQ. And Christiana P. CallahanThis premium content is locked for LawJournalNewsletters subscribers only
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