Medical records used to defend a legal claim

Overview

In JPV v. Souley MD Services, the NPC dismissed a patient’s unauthorized-disclosure complaint. The provider attached relevant treatment records to a cyberlibel complaint concerning allegations about its care; the NPC found a lawful basis under Section 13(f) for establishing a legal claim. It also rejected the idea that possessing the chart permits unrestricted use of the personal data within it.

Practice implications

Parao Law practice guidance

For physicians

Preserve an accurate, contemporaneous clinical record when treatment is disputed. If counsel later requests a chart for a claim, refer the request to the institution’s authorized legal and privacy process. Do not post or circulate records simply to answer public criticism.

For lawyers

Identify the specific legal claim and why each proposed record is necessary and proportionate. Limit recipients and exhibits, protect unrelated information, and document the Section 13(f) analysis. The dismissal on these facts is not blanket permission to use any patient record in any dispute.