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- Appeal decision protects some medical information: lawyerPosted on 6/23/2010
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Auto Accidents and Car Wrecks
Invasion of Privacy Appeal is Filed
Our clients are both physicians. They were injured in a t-bone car crash in St. John’s. The defendant asked for years of pre-accident medical and financial information, through a device called interrogatories, as part of a “fishing expedition”. The judge granted the request solely on the basis that the court papers alleged personal injury!
Being physicians, our clients have a deeply ingrained professional respect for the value of confidentiality and privacy, and asked us to appeal. The written argument for appeal was filed this week. We next have to get the responding written argument from the defendant insurance company, and obtain a date for oral argument in the Court of Appeal, which should be available pretty quickly. I’ll keep readers posted.
I have blogged about this case previously. The written argument on appeal filed this week is available in our library.
Accidents and Injuries
Astonishing Invasion of Personal Privacy Ordered in Injury Case
Our clients were injured in an automobile accident in which their car was t-boned. The defendants served a set of intrusive questions known as Interrogatories, which sought a great deal of information as to the clients’ personal medical and financial lives. The questions sought information such as a description of every complaint the clients expressed to any healthcare provider in the three years before the accident, and whether they had filed tax returns in the three years before the accident.
On the strength of the fact that the Statement of Claim filed in court alleged “personal injuries” and that the clients had suffered “pain and suffering and loss of amenities”, the judge thought the information “relevant” and ordered all these questions to be answered under oath, including the questions which pertained to pre-accident information.
One of the ironies of the decision is that one of our clients has already presented his personal injury demand for damages, and he has not made a claim for any financial loss. Yet the court has ordered him to produce a great deal of confidential financial information!
According to this ruling, just saying that you have suffered a personal injury puts your pre-accident financial and medical history in the hands of the defendant, with no more onus on the defendant to show relevance than that. The Interrogatories sought information for the three years before the accident, but why would it stop there? Why not five years? Why not ten? This is contrary to the law and practice that I have worked with in personal injury cases for decades, and as readers can guess, an appeal is under consideration.
St Louis Bankruptcy Blog
What Is An Attorney Only Chapter 13 Bankruptcy Payment Plan?
Date: 09/03/2010Missouri Injury Blog
Everything You Need To Know About Motorcycle Helmets
Date: 09/03/2010Personal Injury Attorney News
What Car Accidents are Costing You
Date: 09/03/2010Personal Injury Attorney News Portal
Pedestrian Injured in Bus Accident
Date: 09/03/2010Pedestrian Injured in Bus Accident is a post from: Personal Injury Attorney News Portal
Personal Injury Lawyer News
Fullerton Car Accident Injures Three
Date: 09/03/2010Fullerton Car Accident Injures Three is a post from: Personal Injury Lawyers News
Personal Injury Lawyer Report
Pedestrian Injured in San Diego Car Accident
Date: 09/03/2010Pedestrian Injured in San Diego Car Accident is a post from: Personal Injury Lawyer Report
Personal Injury Lawyer Journal
San Diego Hit-And-Run Collision Injures Pedestrian
Date: 09/03/2010San Diego Hit-And-Run Collision Injures Pedestrian is a post from: Personal Injury Lawyer Journal
Personal Injury Questions and Answers
Woman Injured in San Diego Hit-and-Run Car Accident
Date: 09/03/2010California Injury Blog
Motorcycle Accident Causes Major Injuries
Date: 09/04/2010
A motorcyclist sustained serious personal injuries after an accident on the 5 Freeway in Mission Viejo caused by a pallet dropped on the roadway. According to a news report in The Orange County Register, the motorcyclist was northbound on the freeway near Oso Parkway on August 27, 2010, when he struck the debris and crashed. He has been hospitalized with major injuries. California Highway Patrol officials are investigating this incident.
I sympathize with this motorcyclist, who has apparently suffered severe injuries because of someone else's negligence. I pray he recovers quickly and completely from his injuries.
This is a post from BestAttorney.com - BISNAR | CHASE California Personal Injury LawyersVirginia Wrongful Death Blog
video answers most frequently asked question
Date: 09/03/2010Frequently Asked Questions - Virginia Accident Cases
California Personal Injury Blog
Pasadena Hit-and-Run Crash Injures Elderly Pedestrian
Date: 09/03/2010Pasadena Hit-and-Run Crash Injures Elderly Pedestrian is a post from: BestAttorney.com - BISNAR | CHASE California Personal Injury Lawyers
Halifax Personal Injury Blog
Traumatic Brain Injury a "Disease" not an "Event"
Date: 09/02/2010Traumatic Brain Injury Claims
New research published in this months issue of the Journal of Neurotrauma advocates treating traumatic brain injury as a chronic disease process, rather than an isolated event.
As a brain injury lawyer, I wholeheartedly agree with the conclusions reached in the article.
Brain Injury the Beginning of a Process
The authors of the study, Brent E. Masel and Douglas S. DeWitt from the Univesity of Texas Department of Neurology state that:
The purpose of this article is to encourage the classification of traumatic brain injury (TBI) as the beginning of a chronic disease process, rather than an event or final outcome. Head trauma is the beginning of an ongoing, perhaps lifelong, process that impacts multiple organ systems and may be disease causative and accelerative.
The authors review how a brain injury is often the start of a degenerative process that may cause further injury, even death, months or years after the initial trauma. The conclusions reached by the authors no doubt will be supported by brain injury survivors, their family's and those that advocate for survivors.
Chronic traumatic brain injury disease should be reimbursed and managed on a par with all other chronic diseases. Only then will the individuals with this condition get the medical surveillance, support, and treatment they so richly deserve. Only then will brain-injury research receive the funding it requires. Only then will we be able to truly talk about a cure.
Virginia Car Accident Lawyer Blog
video answers most frequently asked question
Date: 09/03/2010Frequently Asked Questions - Virginia Accident Cases
Halifax Sexual Abuse Claims Blog
Priest Sexual Abuse Class Action Filed in Montreal
Date: 09/02/2010A new class action has been filed in Quebec alleging sexual abuse by priests.
The class action names the Community of the Clerics of St. Viateur in Montreal and the Raymond-Dewar Institute (also known as the Institute for the Deaf and Dumb) as defendants.
The representative plaintiff, Serge D’arcy says he was a victim of sexual abuse by priests while attending the institute between 1967 and 1972. D'arcy states that he was subjected to physical and sexual abuse by priests who were members of the religious group who taught and worked at the Dewar Institute.
I applaud Mr. D'arcy's courage in coming forward on behalf of himself and other victims.
I am pleased to see that class action legislation is being used as a tool to help more victims of childhood abuse. I had the pleasure of being invited to present on this issue at The Canadian Institute's 9th Annual summit on Institutional Liability for Sexual Assault & Abuse.
Ron Martin's sexual abuse class action against the Roman Catholic Diocese of Antigonish was a groundbreaking claim. The landmark settlement achieved in that class action will provide accountability, closure, and fair compensation to victims who would never be able to speak publicly about what happened to them.
Halifax Medical Malpractice Blog
Doctor Sues to Silence Patient
Date: 07/28/2010I read blog post today by my colleague Catherine Bertram, a medical malpractice lawyer in Washington D.C. that I thought was interesting.
Dr. Sues Her Patient
She has posted about a California physician, Dr. Kimberley Henry, who has sued one of her own patients who posted a negative review about Dr. Henry online. I wonder if Dr. Henry is opposed to online rating websites generally or just the ones that say bad things about her? Keep in mind that Dr. Henry has signed up for some of these webites and posted her profile.
Gag Orders
Last year I posted about a similar issue Doctors Forcing Patients to Sign Gag Orders .
Catherine's post indicates that some doctors are becoming more aggressive about trying to prevent patients from exercising their right to freedom of expression.
Coming to Canada?
I'm not aware of any similar suits here in Canada, but the online doctor rating sites like Rate MD are a great resource for Canadians. Is it only a matter of time before we start to see doctors suing their own patients?
What do you think? Let me know by posting a comment.
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