My Successful Appeal of a Slander and Invasion of Privacy Claim

In the news: Ben Brody, a Jewish 22-year-old living in Los Angeles, has suffered harassment and permanent reputational damage ever since Musk amplified to his 158 million followers on X, formerly known as Twitter, false accusations tying Brody to the right-wing brawl, according to the complaint obtained by Law360 and lodged in Travis County District […]

Atty’s Deposition Conduct Nets $19K In Sanctions

Lawyers need to effectively manage their emotions when things get heated. In transcripts of various depositions examining the plaintiffs’ four experts, then-Kline & Specter attorney Thomas Bosworth “alternated between being rude, demeaning and obnoxious,” U.S. District Judge Stephanie L. Haines said in her Wednesday opinion, highlighting Bosworth’s use of a “higher-pitched, mocking tone to belittle […]

Do Qualified Protective Orders Maintain the Privacy of PHI Related to the Claim?

I advise my clients that the pursuit of a medical malpractice claim involves waiving the privacy and confidentiality of the medical issues related to the claim. I think that is customary advice in the legal community. Trying to parse out what may remain confidential, whether you have a “qualified protective order” or not, is an […]

Peer Review Privilege is Boken: we’re going to keep chipping away state by state

#QualityFraud A Pennsylvania appellate court’s recent ruling makes clear that a hospital’s internal documents are generally considered fair game for discovery in medical malpractice suits and the onus is on health care providers to prove otherwise, experts said. Read more at:

Discovery of Hospital Incident Reporting and Peer Review Privilege

I have had cases like the one below with both anonymous and signed reports removed from medical charts. In one case, a doctor met me in a restaurant across the street from the hospital and delivered to me his copy of a report that had been removed from the patient’s chart. I have also been […]