HIPAA Violated By Defense Counsel's Interviews of Plaintiff's Prior Treating Physicians

HIPAA prohibits disclosure of protected medical information, except under certain circumstances.  One circumstance is in the course of a judicial proceeding in response to a court order, subpoena, discovery request "or other lawful process."  The Georgia Supreme Court has ruled in Moreland v. Austin, No. A08G0498 (November 3, 2008), that informal interviews by a defendant's attorneys of the plaintiff's prior treating physicians violated HIPAA.  HIPAA requires, the court explained, defendant's attorney to first obtain a valid authorization, or a protective order, or ensure that the patient has been given notice and an opportunity to object to the ex parte contact. 

Robert L. Abell
www.RobertAbellLaw.com