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A Divine Comedy Redux

Updated: Mar 12

Discovery and Use of Healthcare Information (Records, Bills, and Beyond) SBOT: March 23, 2023

Discovery of healthcare information and bills over the last few years has been the focus of considerable appellate attention. These recent developments have been particularly vexing to practitioners handling car wreck litigation. While not quite as impactful in medical malpractice litigation, these developments are noteworthy and will influence strategy and tactics. The purpose of this paper is to hopefully shed light on what has happened and how to deal with it. 





Synopsis:

The paper by Paul Gold, "A Divine Comedy Redux," serves as a critical guide for attorneys through the convoluted process of healthcare information discovery in the context of medical malpractice cases. It discusses the heightened complexity and challenges in obtaining and admitting medical records and bills, a task likened to traversing through an infernal landscape of procedural hurdles. Gold dissects recent appellate attention on the subject, particularly highlighting its impact on car wrecks and medical malpractice litigation.


Key takeaways from the paper include:

  • The importance of relevance and proportionality in the discovery of medical records.

  • The implications of recent Texas Supreme Court opinions for expansive past medical records discovery.

  • How the discovery of medical bills has become more expansive, prompting a need for transparency in billing processes.

  • The concept of 'proportionality' in discovery and its application in balancing interests.

  • Protection measures for sensitive healthcare information during the discovery process.

  • The impact of discovery on evidence admissibility at trial, with a focus on the reasonableness of medical bills.

  • Insights into how discovery aids in the resolution of claims, especially with the courts' push towards transparency in medical billing.


The synopsis provides a compelling overview for attorneys seeking to navigate the complexities of medical discovery in malpractice litigation, emphasizing the need for strategic approaches in the face of evolving legal landscapes.

Download the Paper
DivineComedyRedux23030223
.pdf
Download PDF • 612KB





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