You are here: For Attorneys Useful Information Malpractice Pitfalls Failure to Use HIPAA to Your Advantage
Failure to Use HIPAA to Your Advantage
Medical Information is private and protected. By filing a lawsuit, your client may have to give up some of that privacy, but not all. Privacy is good for its own sake, but may also be to your strategic advantage.

The defense, especially in medical malpractice cases, may be routinely violating HIPAA. When a doctor gives medical information to a "business associate" (which should include their defense attorneys), they have to meet HIPAA requirements. If they don't, they can be subject to civil and criminal sanctions-or at least deserve to be roundly embarrassed on the witness stand.

When your client signs the necessary medical releases, narrow the releases as much as possible. Require that the released information not be shared without your client's further permission.