Profession
Ruling expected on fight over patient records
NEWS IN BRIEF — Posted June 23, 2008
In a case closely watched by the medical community, Maryland's high court will decide a legal battle between a physician's duty to protect patient confidentiality and a medical board's request for records.
Oral arguments in Maryland State Board of Physicians v. Eist began May 6 in the Court of Appeals of Maryland.
Psychiatrist Harold I. Eist, MD, challenged a fine and reprimand the board levied against him for refusing to cooperate with an investigation when he declined to turn over his patients' private files because patients objected. Lower courts sided with Dr. Eist on several occasions.
The Maryland Board of Physicians argued in court documents that its interest in protecting the public health trumped patients' privacy rights.
The case has galvanized the medical community. More than 40 state and national medical organizations, including MedChi, the American Psychiatric Assn. and dozens of other mental health groups, jointly filed a friend-of-the-court brief in the case.
The Federation of State Medical Boards also filed a brief supporting the Maryland board.
Note: This item originally appeared at http://www.ama-assn.org/amednews/2008/06/23/prbf0623.htm.
