HIPAA: Patient Who Has Sued A Provider Cannot Claim Medical Confidentiality.

HIPAA: Patient Who Has Sued A Provider Cannot Claim Medical Confidentiality.

Legal Eagle Eye Newsletter for the Nursing Profession

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A person who places his or her medical condition in issue in a lawsuit for personal injuries cannot block access to his or her medical records by referring to the US Health Insurance Port-ability and Accountability Act (HIPAA). The public has the right to access the evidentiary information upon which the courts render their case decisions. UNITED STATES DISTRICT COURT KENTUCKY January 30, 2018

A former resident sued a nursing home alleging the nursing home’s negligence caused her to suffer decubitus ulcers, dehydration, kidney failure, sepsis and a urinary tract infection. The nursing home defended the suit by pointing out that, according to dated entries in the resident’s medical chart, the alleged substandard care occurred long enough ago that the statute of limitations had expired before the resident’s lawsuit was filed.

The nursing home also asked the court to seal the case record insofar as the legal papers the nursing home filed to prove the statute of limitations defense contained the patient’s confidential medical information.

The US District Court for the Western District of Kentucky ruled the patient gave up her right to medical confidentiality for any medical records relevant to her lawsuit against her healthcare provider. The excerpts quoted from her medical chart in the nursing home’s court papers to prove the statute of limitations defense will remain part of the open public record of the case. Tyson v. Nursing, 2018 WL 632063 (W.D. Ky., January 30, 2018).