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Protecting the Pig in a Poke

Updated: Mar 12

Balancing Confidentiality with Compliance: A Plaintiff's Perspective on Medical Record Redaction



pig piggy bank and a bag with unknown whats inside


Paul Gold's presentation, "Protecting the Pig in the Poke," provides an essential guide for attorneys on the ethical redaction of medical records. The document underscores the importance of attorney diligence in protecting sensitive health information during the discovery phase. Through a series of legal cases and rule references, the presentation outlines the framework for safeguarding client data against overreaching discovery requests, emphasizing the need for specificity in pleadings and objecting to unwarranted fishing expeditions by opposing counsel. It also introduces the Gold Protective Order Agreement, a tool designed to strike a balance between discovery obligations and the preservation of client privacy. With practical takeaways, this document serves as a roadmap for attorneys navigating the complex intersection of legal discovery and healthcare privacy.


Key points include:

  • Understanding the legal landscape surrounding the discovery of healthcare information.

  • The attorney's duty to protect client confidentiality within discovery.

  • Pleading with precision to define the scope of discovery and avoid overreach.

  • Implementing protective orders and agreements to maintain control over sensitive data.

  • Strategies for releasing medical records while retaining the right to object and assert privileges.


This synopsis aims to attract attorneys who seek practical advice on managing

the practicalities of law and are keen to ensure the utmost protection of their client's rights under the umbrella of ethical legal practice. The presentation not only enlightens but also equips practitioners with actionable steps and precedents to navigate through the challenges posed by medical record discovery.


Download the Presentation
PIG-IN-A-POKE0822
.pptx
Download PPTX • 4.45MB

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