McCloud v. The Bd. of Dirs. of Geary Cmty. Hosp., et al.

MALPRACTICE & HIPAA

McCloud v. The Bd. of Dirs. of Geary Cmty. Hosp., et
al., No. 06-1002-MLB (D. Kan. Aug. 16, 2006)

The United States District Court for the District of Kansas
found that a hospital and other defendants (hospital) in a wrongful death
and personal injury action could meet with the plaintiff’s treating physicians
without the plaintiff or her attorney being present, if the treating physicians
consented. The plaintiff and her unborn child were involved in a motor vehicle
accident and filed a claim against the hospital for the medical care and treatment
provided. The hospital sought an order that the physician-patient privilege
had been waived, and that the hospital was entitled to interview the plaintiff’s
treating physicians without her presence or the presence of her attorney. The
court, in ruling for the hospital, found that the physician-patient privilege
does not exist when a plaintiff places her medical condition at issue. The
court also found that the Health Insurance Portability and Accountability Act
regulations were met when the hospital filed the motion seeking a court order.