 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Richards v. Kerlakian8/26/2005
{ } Defendants-appellants Dr. George Kerlakian and his group practice, Group Health Associates, bring this appeal from the trial court's order granting a request for the discovery of approximately 30 operative reports involving surgeries performed by Kerlakian. In granting this request, the court denied Kerlakian's request for a protective order as to these same documents. The order, in truth, directs Kerlakian's co-defendant Good Samaritan Hospital to produce the disputed records, as the hospital maintains custody of the disputed documents. Good Samaritan is not a party to this appeal.
{ } Sandra Richards, individually and as the executor of the estate of her late son, Brett Thomas Richards, brought a wrongful-death action against Kerlakian after Brett died following gastric bypass (Roux-en-Y) surgery performed by Kerlakian at Good Samaritan Hospital. In the amended complaint, Richards alleged medical malpractice against various defendants and negligent credentialing against Good Samaritan Hospital. She and her husband also pursued loss-of-consortium claims.
{ } During the discovery phase of the pending litigation, Richards requested that Kerlakian produce redacted copies of all operative reports for Roux-en-Y surgeries he had performed at Good Samaritan Hospital. Kerlakian moved for a protective order, arguing that disclosure would violate the physician-patient privilege and that the records were unnecessary for the plaintiffs to pursue their claims.
{ } The trial court compelled production of the documents, specifying in its order that Kerlakian deliver to plaintiffs all "operative reports for Roux-en-Y gastric bypass procedures performed by Dr. Kerlakian on or before April 16, 2000." The court added language designed to protect the identities of the former patients: "The operative reports shall be redacted to exclude patient's name, address, telephone number, social security number, physician/patient discussions and/or any other personally identifiable information," and " his information is not to be shared with any outside source or filed with the Court, except under seal and with prior agreement of all parties and/or order of the Court. This information may be shared in confidence with only those individuals who are or may be expected to be witnesses at the trial of this matter." The court also included a provision for the plaintiffs' return of the redacted operative-report copies at the conclusion of the litigation.
{ } In his appeal, Kerlakian relies on R.C. 2317.02, which sets out the testimonial privilege of patient and physician communications. There is little dispute that the operative reports requested fall under the statute's definition of the term "communication," and that the records fall under the scope of R.C. 2317.02. But the privilege afforded under R.C. 2317.02 is not absolute. The Ohio Supreme Court has held that the discovery of such protected communications may be appropriate under certain circumstances, such as to further a countervailing interest that outweighs the nonparty patient's interest in confidentiality. Ohio courts have allowed discovery of confidential information under these circumstances, as long as the nonparty patient's identity is sufficiently protected.
Likewise, courts in other jurisdictions have concluded that the medical records of a nonparty patient may be discovered where identifying information is deleted.
{ } In this case, the plaintiffs requested the medical documents to develop a primary claim against Good Samaritan on the issue of negligent credentialing. It is difficult to imagine how else the negligent-credentialing claim could have been investigated without the disputed docume
Page 1 2 Ohio Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|