Here’s a common scenario: the defense lawyers send you release authorizations on standard pre-printed forms issued by the New York State Department of Health (Office of Court Administration Form 960). With the stamp of approval of the Department of Health, there can’t be anything wrong with these release authorizations, right? Not so fast, my friend.
The pre-printed forms “approved” by the Department of Health for the release of medical records and ex parte interviews between defense counsel and the plaintiff’s non-party treating physicians should never be used. The DOH “approved” authorizations provide none of the safeguards against the accidental (or intentional) disclosure of privileged medical information and non-treating physicians may mistakenly think that a private, ex parte meeting with defense counsel is mandatory.
Here are some reasons you should never use the DOH release authorizations
New York courts have uniformly held that a defendant is not entitled to the blocked content of a plaintiff’s Facebook site by the mere existence of the site itself. The defendants may not obtain discovery of blocked social media postings absent the existence of some articulable basis for believing that the private content is material more »
Want to kick-start your lawyer website in just six weeks? Impossible, you say? If you do only one thing for your website, you should hire a blogger to write valuable content for the blog on your website with a new post every single day.
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Have you ever made a big mistake because you didn’t know that your client did time at Sing-Sing for armed robbery (I have) or you didn’t know about the racy photos on her Facebook profile? Checklists can make your life a whole lot easier by making big screw-ups less likely.
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