Abstract: Journal of Risk and InsuranceVolume 69, Issue 4 p. 595-604 Recent Court Decisions Jeffrey W. Stempel, Jeffrey W. Stempel University of Nevada–Las VegasSearch for more papers by this author Jeffrey W. Stempel, Jeffrey W. Stempel University of Nevada–Las VegasSearch for more papers by this author First published: 11 December 2002 https://doi.org/10.1111/1539-6975.00006_4 Plaintiff Givens and the Court both appeared to be particularly offended by the manner in which the second law firm attempted to use the subpoenas to obtain excessively broad discovery without providing Givens a meaningful opportunity to object or otherwise protect her rights. In no case, however, did the Richardson firm actually depose a records custodian. Instead, all but six of the discovery subpoenas stated that the custodian could send a copy of the plaintiff's “entire file” to the Richardson firm “in lieu of personal appearance.” The Richardson firm also notified the plaintiff's attorney that depositions of records custodians would not be taken unless the plaintiff objected. After receiving this notice, the plaintiff's attorney wrote letters to these custodians directing them not to comply with the subpoenas. *** [P]laintiff filed a separate action alleging that the Richardson Firm's discovery practices constituted an abuse of process, and (2) that its practice of obtaining her medical records through use of the defective subpoenas invaded her right to privacy and induced the medical practitioners to breach their confidential relationships with her. The plaintiff also alleged that the Richardson Firm induced her treating physician to breach express and implied contracts of confidentiality with her by privately speaking with him outside a deposition. See 2002 Tenn. LEXIS 153 at *6,*7. A “clean claim” under the statute is defined as “a claim for payment for a health care service which has no defect or impropriety.”See 40 Penn. Stat. §991.2102. Read the full textAboutPDF ToolsRequest permissionExport citationAdd to favoritesTrack citation ShareShare Give accessShare full text accessShare full-text accessPlease review our Terms and Conditions of Use and check box below to share full-text version of article.I have read and accept the Wiley Online Library Terms and Conditions of UseShareable LinkUse the link below to share a full-text version of this article with your friends and colleagues. Learn more.Copy URL Share a linkShare onEmailFacebookTwitterLinkedInRedditWechat Volume69, Issue4December 2002Pages 595-604 RelatedInformation
Publication Year: 2002
Publication Date: 2002-12-01
Language: en
Type: article
Indexed In: ['crossref']
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