Tag Archive: discovery

The audacity and arrogance of insurance companies

I realize that this post might be a bit off topic but it shows the arrogance of insurance companies and their contempt and disdain for the rule of law.  Nursing home attorneys routinely see this when the insurance companies refuse to provide nursing home records or when they state an elderly resident’s life is not

Discovery of employee personnel files

Discoverability of Personnel Files In D’Angelo v. U.S., a medical malpractice and negligent hiring action against Veterans Administration Hospital, the court allowed the plaintiff to discover specific information contained in three doctors’ personnel files, specifically, “any and all records of patient complaints, disciplinary action, staff review of performance, malpractice actions (actual or threatened), job applications,

Discovery of Incident Reports

Incident/Accident Reports Incident reports are generated in the regular course of business of the nursing home any time there is an unusual occurrence related to a resident. These are required to be created both by DHEC and by OBRA, and any incident report should list any and all witnesses to an incident or occurrence, as

Discovery of other resident’s charts

In cases where the medical records contain peripheral, non medical information, courts have ruled such information is not privileged. See Ashford vs Brunswich Psychiatric Center, 456 NYS 2d 96, (1982), Moore vs St. John’s Episcopal Hospital, 452 NYS2d 669 (1982). Notes written by a nurse are generally not protected by the physician-patient privilege. See Weis


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