Healthcare: Discoverability of Confidential Health Records

Verrill Dana filed two amicus briefs on behalf of the Maine Hospital Association and Maine Medical Association regarding the scope of permissible discovery of third party medical records in medical malpractice cases. The issue is one of first impression for the Maine Supreme Court and has the potential to significantly impact the extent to which hospitals and doctors can be required to produce medical records relating to patients who are not the subject of the malpractice action. The cases are McCain v. Vanadia, 2018 ME 1174 (appeal dismissed as unreviewable), and Kennelly v. Mid Coast Hosp., CUM-18-445 (pending).