Comments on: Lawyers shouldn’t secretly record medical exams

By: John Rohan

John Rohan — Fri, 21 Jun 2019 13:22:28 +0000

In reply to Melvin H.. How would it violate HIPAA? It's the plaintiff's own attorney. If he didn't want him to hear about any medical information, he shouldn't ask the attorney to come in the first place.

By: Huh?

Huh? — Fri, 21 Jun 2019 01:39:20 +0000

In reply to Melvin H.. How would it violate HIPAA? Sounds like everything was done with the examinee's consent (it was his own lawyer taping). The patient is in complete control of his own information.

By: SPO

SPO — Thu, 20 Jun 2019 17:39:43 +0000

In reply to Walter Olson. Isn't it funny, though. We'll nail this guy (and I don't dispute the outcome here, but the government can talk out of both sides of its mouth in the SORNA case (handed down today) and it's all good.

By: Melvin H.

Melvin H. — Thu, 20 Jun 2019 16:16:53 +0000

Wouldn’t this violate HIPAA six different ways?

By: Walter Olson

Walter Olson — Thu, 20 Jun 2019 14:58:20 +0000

Whether states and courts approve of disclosed taping, or even mandate it, is of course a different question from whether they will be incensed by covert, undisclosed taping.

By: MattS

MattS — Thu, 20 Jun 2019 13:50:48 +0000

Florida is in the 11th circuit, not the 6th. This decision has no impact on them.

By: Pick your battles: case tossed after lawyer & client willfully violate discovery order. – Ethical Grounds

Thu, 20 Jun 2019 13:46:07 +0000

[…] reported by Overlawyered, the Sixth Circuit recently affirmed a district court’s decision to dismiss a case due to […]

By: Assman

Assman — Thu, 20 Jun 2019 11:56:33 +0000

In Florida, some of this behavior is judicially sanctioned. Plaintiff’s attorney has the right to attend a defense medical exam, to videotape it (defense attorney cannot and the video taken by the plaintiff is considered work product until he decides to use it at trial) and sometimes to have his client refuse certain medical history questions.