In re Search Warrant for Med. Records of C.T. (Summary)

PHYSICIAN-PATIENT PRIVILEGE

In re Search Warrant for Med. Records of C.T., No. 2009-208 (N.H. May 6, 2010)

The New Hampshire Supreme Court gave guidance on how to resolve the tension between the law governing search warrants and the statutory protection afforded the physician-patient privilege.

A driver was injured in a car accident in which he was believed to have been impaired. The state police officer investigating the accident later presented to the hospital a search warrant seeking blood samples, associated toxicology reports, and medical records during the driver’s treatment. The hospital found itself in an untenable position, as it was to either violate its duty of confidentiality to the patient by providing the police with the requested information or refuse to provide the records and face contempt charges. The court ruled that any search warrant for privileged medical records shall order the hospital or medical provider to comply within a reasonable time by producing the records under seal for an in camera review by the trial court. The court would then determine the manner by which the patient shall be provided notice that such records were produced and shall give the patient and hospital or medical provider an opportunity to object to their disclosure. Upon objection, the state must prove both that the information is unavailable from another source and that there is a compelling justification for its disclosure.