Moreland v. Austin

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding in a medical malpractice case that more stringent HIPAAprivacy rule preempts Georgia law with regard to ex parte communications between defense counsel and treating physicians
• holding that HIPAA preempts OCGA § 24-9-40 (a
• allowing informal interviews between defense counsel and plaintiff’s treating physicians, as long as defense counsel “first obtain[s] a valid authorization[] or court order or otherwise comply with the provisions of 45 CFR § 164.512(e)”
• “in order for defense counsel to informally interview plaintiff's treating physicians, they must first obtain a valid authorization or court order or otherwise comply with the provisions of 45 C.F.R. § 164.512(e)”
• “Georgia law is clear that a plaintiff waives his right to privacy with regard to medical records that are relevant to a medical condition the plaintiff placed in issue in a civil or criminal proceeding.”
• “Georgia law is clear that a plaintiff waives his right of privacy with regard to medical records that are relevant to a medical condition the plaintiff placed in issue in a civil or criminal proceeding.”

Source: CourtListener parenthetical corpus (CC0).