Law v. Zuckerman
United States District Court for the District of Maryland
307 F. Supp. 2d 705 (2004)
- Written by Miller Jozwiak, JD
Facts
Rosalynn Law (plaintiff) received medical treatment from Dr. David Zuckerman (defendant). During a surgery performed by Zuckerman, Law allegedly suffered injuries. Another physician, Dr. Thomas Pinckert, later treated Law, and Law claimed that this treatment was part of her damages. Law sued Zuckerman for medical malpractice, and the case went to trial. During trial, Law’s counsel objected to alleged ex parte communications that occurred between Pinckert and Zuckerman’s counsel. Law’s counsel claimed that Zuckerman’s counsel met with Pinckert after receiving Law’s medical records in discovery and that such communications violated the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Law’s counsel sought an order preventing Pinckert from discussing Law’s treatment with Zuckerman’s counsel or alternatively an order requiring disclosure of all the ex parte communications.
Rule of Law
Issue
Holding and Reasoning (Day, J.)
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