Law v. Zuckerman

MEMORANDUM OPINION DENYING PLAINTIFF’S ORAL MOTION TO PRECLUDE DEFENSE COUNSEL FROM CONDUCTING EX PARTE INTERVIEWS WITH PLAINTIFF’S TREATING PHYSICIAN

DAY, United States Magistrate Judge.

The Court is faced with an apparent issue of first impression in the Fourth Circuit in this medical malpractice action. The question presented is whether adverse counsel’s ex parte discussions with a treating physician regarding the scope of the physician’s care violates the Health Insurance and Portability Accountability Act of 1996, 42 U.S.C. 1320d et seq. (“HIPAA”). The Court finds that in the absence of…