Loparo v. Univ. Hosps. Health Sys., Inc.

Citations

• 236 N.E.3d 917
• 2024 Ohio 663

Syllabus

Production of documents COVID 19 negligence medical records time data physician-patient privilege waiver exception relevance discovery interrogatories medical malpractice civil action motion to compel abuse of discretion de novo review protected health information R.C. 2317.02 causally or historically related exceptions confidentiality treatment HIPAA nonparty patient diagnosis. Appellants claimed immunity in a negligence and wrongful death lawsuit under H.B. 606. Appellants claimed alleged failure to treat decedent in a timely manner was due to the Appellants' prioritization of COVID patients. Appellee requested nonparty patient data to challenge Appellants' defense. Appellants objected to the discovery request, arguing the nonparty patient data was protected from disclosure under HIPAA and privileged under R.C. 2317.02. The trial court conducted an in camera review of disputed discovery responses. The trial court properly granted Appellee's motion to compel the responses for the health data that was not traceable to individual patients, however the trial court erred in ordering the disclosure of patient data that consisted of communications between the provider and patient for the purpose of diagnosis or treatment.