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The quote is taken out of context I think (this is a tabloid) the doctor probably posted the information to the court docket under seal at the request of the ju
by SolarNet 8y ago
The quote is taken out of context I think (this is a tabloid) the doctor probably posted the information to the court docket under seal at the request of the judge or at least probably in accordance with the law.
- coding123 8y agohaha, that's really interesting to hear. I'm almost certain a Judge is also not allowed access to medical records. He most likely is not a covered entity. Beyond that while it might make sense to request medical records in a criminal trial, there's no place for that in a civil suit.
- Nadya 8y agoHIPAA allows health care providers to disclose medical records in response to a court order as long as the order specifies the scope of the records required to be disclosed and is signed by a judge.
- CodeWriter23 8y agoCourt order != Filing Suit
- albedoa 8y agoThe docket persists beyond the filing and can have records attached to it under seal by order. Nadya did not draw the equivalence you are correcting.
- phonon 8y agoIf the civil suit is about medical treatment, do you really think posting responsive documents to the court docket is a HIPAA violation?
- fencepost 8y agoIf the civil suit is about medical treatment, do you really think posting responsive documents to the court docket is a HIPAA violation? If it's not posted under seal, then yes. Particularly if it's posted as part of the initial filing and not as a response.
- titanomachy 8y agoThis is the only interpretation that remotely makes sense.
- siphor 8y agoI just went through the documents and that doesn't seem to be the case... Doc #43 is a request to the judge to remove Doc #24 due to HIPPA violations. Doc #24s not there anymore. Pretty interesting, and the tabloid seems to be accurate. The most damning thing in there was that the Doctor tested for HHV-6 (something 100% of humans have) and then charged for it and claimed it was HHV-2 (genital herpes). Theres apparently a lab technician available to testify that the Doctor commonly tests for HHV-6. Guy seems sleazy