From the indispensable newsletter of Professor Frank L. Maraist, sage non pareil at the Paul M. Hebert Law Center, comes a pointer to a recent First Circuit Court of Appeal opinion relating to protected medical records.

Article 510 of the Louisiana Code of Evidence establishes the basic privilege which protects a “confidential communication made for the purpose of advice, diagnosis or treatment” of a patient’s “health condition between or among himself or his representative, his health care provider, or their representatives.” This privilege belongs to the patient, to exercise or to waive, as he or she sees fit. Section 510(B)(2) lists a number of exceptions to the privilege.

In Moss v. State, 2004-2160 (La. App. 1 Cir. 6/24/05), 2005 WL 1490450, Ms. Smith and Mr. Moss were both killed in a head-on collision between their respective cars. Mr. Moss’ survivors sued the Department of Public Transportation for a defective highway. The Department urged the comparative fault of the late Ms. Smith – whose estate was not a party to the lawsuit.
Continue Reading Privileged Medical Records and La. R.S. 13:3715.1