To understand why the parameters of HIPAA have caused so much trouble for the plaintiffs’ and the defense bar alike, you have to think fourth dimensionally. Sixteen years ago, before the Health Insurance Portability and Accountability Act was a twinkle ...

Tagged with: Hans van Zanten HIPAA Jana V. Richards Missouri Court of Appeals Western District Missouri Supreme Court Sanders Conkright & Warren Yonke & Pottenger

A former high school student is suing her tennis coach for emotional distress after the coach disclosed to the media that student had mononucleosis. Lauren Needham alleges after her coach, Kevi Harwood, at Rockwood Summit High School told a newspaper ...

Tagged with: emotional stress Gregory & Associates HIPAA Kevi Harwood Lauren Needham Lyle Gregory mononucleosis Rockwood Summit High School

Missouri courts decided years ago that once a plaintiff files a personal injury lawsuit his medical information is, to a certain extent, fair game. But that was before Congress passed sweeping medical privacy legislation. Missouri courts have never squarely ruled on the interaction between the Health Insurance Portability and Accountability Act and their own caselaw. In a ruling last week, the Court of Appeals Western District came close, acknowledging “tension” between HIPAA and caselaw might need to go to the Supreme Court. Judge Alok Ahuja (pictured) co-wrote the Western District decision examining when a doctor can be required to participate in ex parte interviews in medical malpractice cases.

Tagged with: HIPAA personal injury

Medical information  is a private affair, until a patient sues over an  injury.  At that point, medical records and even the statements of treating physicians become relevant. On Thursday, the Missouri Court of Appeals Western District heard a case that ...

Tagged with: ex parte HIPAA Marco Roldan Missouri Court of Appeals Western District Shaffer Lombardo Shurin