Legal Opinion

Lewis v. Upadhyay

Norfolk County Circuit Court

Decided March 3, 2015No. Case No. (Civil) CL14-3682Published

1Opinion of the Court

By Judge Junius P. Fulton, III

The Court has heard argument on the applicability of the Federal Patient Safety Act Privilege to email and other electronic correspondence and communications received by the defendant Dr. Jyoti Upadhyay from Dr. Arnold Zaritsky, Vice President of Clinical Services at Children’s Hospital of the King’s Daughters (CHKD).

Defendant, Dr. Jyoti Upadhyay, asserts the privilege and is joined by CHKD, although not a party to this matter. CHKD asserts that it has a compelling interest in the Court’s ruling in this matter as a member of the relevant Patient Safety…

2Cases cited3 opinions

  1. Lee Medical, Inc. v. Paula BeecherTennessee Supreme Court · 2010
  2. Tibbs v. BunnellKentucky Supreme Court · 2014
  3. Venosh v. Henzes, Pennsylvania Court of Common Pleas, Lackawanna County2013

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