Privacy

Information received in our office is always confidential and we have significant security protections. Office files are carefully secured. Where computerized records exist, we also have paper records in most cases. Paper records are maintained for 7 years. Everyone in our office knows the importance of client confidentiality. However, that policy is spelled out in our employee manual, and is reiterated to all new employees and to anyone who has access to our office on any regular basis.

Types of Information Received:

We receive information related to medical liability litigation and / or health department investigations. This includes -- depending upon circumstances -- medical and hospital records, records of home care and long term care providers, radiolgraphic and lab studies, pharmacy records, employment records, financial records including medical bills and health insurance records, diaries, and photographs. Records are usually traditional paper records, but may be computerized.

Sources of Information:

We receive information about patients who have commenced litigation from (1) physicians whom we represent, (2) physicians who have treated patients and who have released information to our firm in accordance with authorizations or requests from plaintiff's attorneys, (3) attorneys for defendants in litigantion, (4) from liabiliry insurance carriers, and / or (5) plaintiffs in the form of affidavits or testimony. We also receive health-related, financial, employment and other records concering plaintiffs from employers, health insurers, pharamcies, hospitals, and other providers, pursuant to authorizations or disclosure from plaintiffs' attorneys.

Recipients of Information:

We share information we receive with various indvidiuals and entities including(1) our clients, usually physicians or hospital risk managers, (2) experts who review cases, (3) liability insurance carriers for our clients, and (4) plaintiff's counsel or counsel for codefendants, usually pursuant to court rules or discovery orders, (5) court reporters who transcribe depositions, and (6) judges, jurors and personnel who are involved in litigation. In some cases, we share information with Health Department regulators pursuant to formal requests in connection with investigations. Obligations of those who receive information vary depending upon who they are. Experts usually keep information confidential unless they prepare a report for litigation, or until they testify. Liability insurance carriers use information in connection with handling claims. Counsel use information as required or needed for evaluating cases. Court reporters transcribe testimony and provide it to counsel. They may share information they hear, but this is unlikely. Court personnel have no particular restraints in sharing information, although jurors are not supposed to discuss information during trials.

Amount of Information Provided:

The amount of information provided varies depending upon circumstances. Experts, physician - clients, and liability insurers usually receive complete copies of all records. Similarly, Health Department regulators usually request complete copies of all health care records, without limitation.

Business Associate Agreements:

We have signed business associate agreements, as defined in the privacy regulations issued under the Health Insurance Portability and Accountability Act of 1996, with various professional liability insurers. If you have any questions, or want any further information, don't hesitate to ask.