Attorney-Client Privilege

  • Read more: Trap for the Unwary: Records compiled by a hospital’s risk-management specialist held discoverable
    Article

    Trap for the Unwary: Records compiled by a hospital’s risk-management specialist held discoverable

    By Alex Stein In a recent case, Frankfort Reg. Med. Ctr. v. Shepherd, 2016 WL 3376030 (Ky. 2016), the Kentucky Supreme Court held that the attorney-client privilege and its work-product extension do not protect records compiled by a hospital’s risk-management specialist. Records that the Court held to be discoverable contained information pertaining to a baby delivery…

  • Read more: The Battle of Privileges
    Article

    The Battle of Privileges

    By Alex Stein When a patient files a malpractice suit against a doctor, she waives the evidentiary privilege that protects the information pertaining to her treatment by the doctor. This information extends to all communications between the patient and the doctor, the patient’s medical history, diagnosis, treatment, and medical records. The patient’s waiver of the privilege…