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NH: Medical records SW must provide for in camera production so patient may object

By John Wesley Hall, Jr.

Search warrant for medical records, in the future, requires the record holder to produce in camera to protect doctor-patient privilege so the patient can object to the disclosure. This case was decided under the court's supervisory powers. In re Search Warrant for Med. Records of C.T., 2010 N.H. LEXIS 39 (May 6, 2010): Accordingly, we exercise our supervisory powers to provide guidance to trial courts and parties as to a uniform and fair process to be applied in future cases. ... We instruct that, henceforth, any search warrant for privileged medical records shall order the hospital or medical provider to comply within a reasonable time by producing the records under seal for in camera review by the trial court. The trial court shall then determine the manner by which the patient shall be provided notice that such records were produced and shall give the patient and hospital or medical provider an opportunity to object to their disclosure...continue to full post

Full post as published by Fourth Amendment on May 07, 2010 (boomark / email).