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Cases We Handle
from auto accidents to defective product injuries to workers’ compensation claims, we’re here to help.
We value building relationships with the many people and organizations that make Cleveland a great place to live.
Our law firm has a trusted team of personal injury lawyers who have been helping injured people in Cleveland.
The Patient’s Right To Privacy
Although at common law there was no physician-patient privilege, contemporary law recognizes the importance of keeping medical records confidential. The Ohio Public Records Act, for instance, prohibits public institutions from releasing medical records that are the subject of a public records request.2 The federal Health Information Portability and Accountability Act of 1996 ("HIPAA") prevents health care providers from disclosing medical information except in certain circumstances.3 The Ohio Supreme Court has recognized a tort for breach of confidentiality related to medical information4, and has applied this tort to health care providers and third parties who disclose information without authorization to do so.5
The Majority View: The Patient’s Right To An In Camera Inspection
"It is axiomatic that once privileged information is disclosed, there is no way for it to be made private once again."10 Accordingly, the overwhelming majority of Ohio appellate courts that have addressed the issue have held that, where there is a good faith dispute as to whether certain medical records are causally or historically related to the injuries at issue, the documents should be provided to the court for an in camera review to determine whether they are subject to discovery.11
Good Faith Belief Standard: Plaintiff’s Burden
Alternative Viewpoint 1: Plaintiff Should Have No Burden
Alternative Viewpoint 2: Plaintiff Has No Burden
When Authorization Is Overbroad
The Minority View: A Plaintiff May Be Required
To Sign Blanket Medical Authorizations
Without An In Camera Inspection
The Problem With Bogart
Q: I’m employed through a temp agency and I was hurt at work. Can I still file for workers’ compensation?…
Q: I was making a delivery for work and was injured when I slipped in the parking lot. Can I…