Riley Brennan reports:
The Lackawanna County Court of Common Pleas granted pre-complaint discovery in a breach of privacy action, compelling a Pennsylvania hospital to produce internal privacy rules and an electronic health record audit trail.
In a Dec. 11 decision, Lackawanna County Court of Common Pleas Senior Judge Carmen D. Minora partially granted the plaintiff’s request for pre-complaint discovery in an alleged breach of privacy action against Lehigh Valley Hospital and related entities. According to the court, it granted the motion “to allow [p]aintiff to identify all of the potential actors … to learn the identity of all potential defendants and the scope of the breach and invasion of her medical records.”
In S.S. v. Jefferson/Lehigh Valley Hospital, the court directed the defendants to provide, among other things, the identity of all employees that allegedly improperly entered the plaintiff’s records; the electronic health record audit trail; and a copy of any internal rule or regulation advising defendant employees regarding a patient’s right to privacy and freedom from disclosure of personal information. However, the court did not grant a part of the plaintiff’s motion, which a pre-complaint deposition, among other things.
Read more at Law.com.