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Reading & Strong Publish National Survery on Medical Privacy in Litigation

Posted December 20, 2011 in News

Melissa Reading and Laura Strong published an article, "Ex Parte Communications Between Defense Counsel and Treating Physicians: Has HIPAA Really Changed the Landscape?" in the medical liability and health care edition of For the Defense, the magazine of the Defense Research Institute.

In the October 2011 article, Reading and Strong conduct a nationwide survey of state law regarding a defense attorney's right to interview a plaintiff's treating physicians. The authors found that, despite efforts of the plaintiffs' bar to portray HIPAA as creating a new substantive right of privacy in one's health information, HIPAA has not actually changed litigation strategies and discovery rules in the majority of states.