|
|
|
Connecticut court takes up doctor-patient confidentiality
Law Firm News |
2017/05/02 06:54
|
The Connecticut Supreme Court will be deciding an issue that most people may think is already settled — whether medical providers have a duty to keep patients' medical records confidential.
A trial court judge in Bridgeport, Richard Arnold, ruled in 2015 that Connecticut law, unlike laws in many other states, has yet to recognize a duty of confidentiality between doctors and their patients, or that communications between patients and health care providers are privileged under common law.
The decision came in a paternity case where a doctors' office in Westport sent the medical file of a child's mother without her permission to a probate court under a subpoena issued by the father's lawyer — not a court — and the father was able to look at the file.
The mother, Emily Byrne, a former New Canaan resident now living in Montpelier, Vermont, sued the Avery Center for Obstetrics & Gynecology in 2007 for negligence in failing to protect her medical file and infliction of emotional distress. She alleges the child's father used her highly personal information to harass, threaten and humiliate her, including filing seven lawsuits and threatening to file criminal complaints.
But Arnold dismissed the claims, saying "no courts in Connecticut, to date, recognized or adopted a common law privilege for communications between a patient and physicians."
The state Supreme Court is scheduled to hear arguments in the case Monday. Byrne, a nurse, referred questions to her lawyer, Bruce Elstein, who said the case will result in an important, precedent-setting decision by the Supreme Court.
"The confidentiality of medical information is at stake," Elstein said. "If the court rules in the Avery Center's favor, the tomorrow for medical offices will be that no patient communications are privileged. Their private health information can be revealed without their knowledge or consent."
A lawyer for the Avery Center didn't return messages seeking comment. The concept of doctor-patient confidentiality dates back roughly 2,500 years to the ancient Greek physician Hippocrates and the famous oath named after him that includes a pledge to respect patients' privacy.
|
|
|
|
|
|
|
Michigan Supreme Court Justice Young announces retirement
Law Firm News |
2017/04/21 07:11
|
Michigan Supreme Court Justice Robert Young plans to retire and return to his former law firm.
A statement from the court says Young announced his plans Wednesday during a meeting with fellow Michigan Supreme Court justices. The 65-year-old says his retirement from the court is effective April 30 or earlier. He’s going back to the Dickinson Wright firm.
Young served three years on the Michigan Court of Appeals and 18 years on Michigan’s highest court, including six years as chief justice. Young says he’s proud of his accomplishments, including helping to reduce acrimony among the court.
He says in a statement “we proved that good people who may differ in their opinions can come together and accomplish important things for the people we serve — and we do it amicably.”
|
|
|
|
|
|
|
Nicaragua high court denies farmers' appeal of canal project
Law Firm News |
2017/04/20 14:11
|
Nicaragua's Supreme Court has rejected a farmer group's appeal seeking to block a proposed $50 billion interoceanic canal.
The legal challenge had sought to overturn a 2013 law under which the canal concession was granted to a Chinese company.
The court's decision late Monday is in line with similar rulings it made previously.
President Daniel Ortega's government says a canal would create tens of thousands of jobs and stimulate the poor Central American nation's economy.
Detractors argue it poses serious environmental risks, would displace thousands of families in the countryside and is financially unfeasible.
No work on the canal itself has been done, though ground has been broken for some access roads related to the project.
|
|
|
|
|
|
|
International court orders reparations for Congo attack
Law Firm News |
2017/04/16 14:11
|
The International Criminal Court on Friday awarded symbolic reparations of $250 each to nearly 300 people who lost relatives, property or livestock or suffered psychological harm in a deadly attack on a Congolese village in 2003.
Judges also awarded collective reparations in the form of projects covering "housing, support for income-generating activities, education and psychological support" for victims.
The award followed the conviction in 2014 of Germain Katanga for crimes committed in the attack on Bogoro in the Ituri region of Congo in which some 200 people were shot or hacked to death.
Such reparation orders are a key part of the court's mandate to not only bring to justice perpetrators of atrocities but also to ensure that their victims are compensated.
Furaha Kiza, who lives in Bogoro, said the compensation allotted to victims amounted to very little.
"I lost my parents and our home because of Germain Katanga's militias," he said. "I live with a foster family now. I would like the ICC to review the amounts so that we feel more relieved."
The court estimated the "extent of the physical, material and psychological harm suffered by the victims" amounted to more than $3.7 million and said Katanga was responsible for $1 million. But it added that he is considered "indigent" and unlikely to be able to pay.
|
|
|
|
|
|
| Lawyer & Law Firm Websites |
|
|
Legal News RSS Feed
