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Connecticut court takes up doctor-patient confidentiality
Attorney Opinions |
2017/05/02 08:43
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The Connecticut Supreme Court will be deciding an issue that most people may think is already settled — whether medical providers have a duty to keep patients' medical records confidential.
A trial court judge in Bridgeport, Richard Arnold, ruled in 2015 that Connecticut law, unlike laws in many other states, has yet to recognize a duty of confidentiality between doctors and their patients, or that communications between patients and health care providers are privileged under common law.
The decision came in a paternity case where a doctors' office in Westport sent the medical file of a child's mother without her permission to a probate court under a subpoena issued by the father's lawyer — not a court — and the father was able to look at the file.
The mother, Emily Byrne, a former New Canaan resident now living in Montpelier, Vermont, sued the Avery Center for Obstetrics & Gynecology in 2007 for negligence in failing to protect her medical file and infliction of emotional distress. She alleges the child's father used her highly personal information to harass, threaten and humiliate her, including filing seven lawsuits and threatening to file criminal complaints.
But Arnold dismissed the claims, saying "no courts in Connecticut, to date, recognized or adopted a common law privilege for communications between a patient and physicians."
The state Supreme Court is scheduled to hear arguments in the case Monday. Byrne, a nurse, referred questions to her lawyer, Bruce Elstein, who said the case will result in an important, precedent-setting decision by the Supreme Court.
"The confidentiality of medical information is at stake," Elstein said. "If the court rules in the Avery Center's favor, the tomorrow for medical offices will be that no patient communications are privileged. Their private health information can be revealed without their knowledge or consent."
A lawyer for the Avery Center didn't return messages seeking comment. The concept of doctor-patient confidentiality dates back roughly 2,500 years to the ancient Greek physician Hippocrates and the famous oath named after him that includes a pledge to respect patients' privacy.
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Court: Police executing 'no-knock' warrant before shooting
Attorney Opinions |
2017/02/14 00:32
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Court documents show Hickory police were executing a "no knock" search warrant when a police officer was shot in the arm by a suspect who was shot and killed.
WSOC-TV in Charlotte reports documents showed that police were concerned that one of their officers might be hurt while carrying out the warrant. Hickory Police Chief Thurman Whisnant said that as soon as officers came through the door, they identified themselves and announced they were executing the warrant.
The search warrant listed more than a decade of convictions against 33-year-old William David Whetstone for assaults and drug charges.
Police said Whetstone disobeyed orders not to move, pulled a gun and shot an officer in the arm on Feb. 3. Two other officers then shot Whetstone, who died at the scene. |
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Philippine president's drug crackdown faces court challenge
Attorney Opinions |
2017/01/28 18:10
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A survivor of a Philippine police raid that killed four other drug suspects asked the Supreme Court Thursday to stop such operations and help him obtain police records to prove his innocence in a test case against the president's bloody crackdown.
Lawyer Romel Bagares said his client Efren Morillo and other petitioners also asked the court to order police to stop threatening witnesses.
More than 7,000 drug suspects have been killed since President Rodrigo Duterte took office in June and ordered the crackdown, alarming human rights group and Western governments.
Four policemen shot Morillo and four other men in impoverished Payatas village in metropolitan Manila in August. Morillo survived and denied police allegations that he and his friends were drug dealers or that they fought back, according to Bagares and the court petition.
Morillo, a 28-year-old vegetable vendor and the four slain men, were garbage collectors who were shot with their hands bound and could not have possibly threatened police, the petition said.
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Driver due in court in Cleveland officer's hit-and-run death
Attorney Opinions |
2017/01/24 18:11
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The driver accused in the fatal hit-and-run of a Cleveland patrolman on an interstate is set to appear in court.
Forty-four-year-old Israel Alvarez, of Lorain, was scheduled for arraignment Thursday morning on charges of aggravated vehicular homicide and failing to stop after a fatal accident. Court records don't indicate whether he has an attorney.
Police say 39-year-old Patrolman David Fahey was struck Tuesday while setting down flares to close lanes of Interstate 90 after an accident.
Authorities allege Alvarez was driving over 60 mph and disregarded emergency vehicles that were parked along the road with their lights flashing. He was arrested in Lorain later Tuesday.
A viewing for Fahey is scheduled Friday at a North Olmsted funeral home. A funeral Mass is planned Saturday at a Cleveland church.
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Suspected people smuggler charged in Australian court
Attorney Opinions |
2016/10/01 12:58
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An Iranian citizen extradited from Indonesia was charged in a Sydney court on Thursday with attempting to smuggle 73 asylum seekers by boat to Australia.
Mohammad Naghi Karimi Azar, 56, on Wednesday became the eighth suspected people smuggler to be extradited from Indonesia to Australia since 2008, a government statement said.
Azar was charged in Sydney Central Local Court with 43 counts of people smuggling, an offense that carries a minimum five-year sentence and a maximum of 20 years.
He appeared by video from a Sydney police station.
Court documents allege Azar facilitated the passage of 73 men, women and children between 2011 and 2013. His lawyer, Archie Hallas, told the court that Azar had spent the last two and a half years in an Indonesian jail.
Azar did not apply for bail. Hallas told the court his client needed time to read the 100-page prosecution case against him. Azar is to appear in court next on Oct. 5.
Outside the court, another lawyer for Azar, Sayar Dehsabzi, told reporters his client intended to plead not guilty.
Dehsabzi said Azar told him he was a refugee registered with the United Nations and had fled Iran in fear of persecution because he was a member of an ethnic minority.
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African-American voters see court fight as affront to Obama
Attorney Opinions |
2016/02/28 11:03
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Watching the fight unfold between President Barack Obama and Senate Republicans over who should choose the next Supreme Court justice, Michael A. Bowden got angry at what he saw at the latest affront to the first black president.
And then his thoughts turned from Washington to his own state.
Obama won't be on the ballot this fall, but Pennsylvania GOP Sen. Pat Toomey will ? and Bowden has made defeating him in November a priority.
"This kind of thing really burns me to the core," said Bowden, a 56-year-old Air Force veteran from Philadelphia. "I've already started planting the seed in people's heads that Sen. Toomey is one of those people in lockstep with the Republicans. This could give him a wake-up call that he could be vulnerable as well."
Democrats are pressuring senators in Pennsylvania, Ohio, New Hampshire, Illinois and Wisconsin to back down from their refusal to confirm or even consider Obama's nominee to succeed the late Antonin Scalia or face the consequences in November.
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