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Doctor's Alcohol Treatment Records Remain Privileged
A Pennsylvania appellate court has held that a lower court's ruling that a physician's drug and alcohol treatment records were privileged from discovery in a medical malpractice case against him was correct, because the physician's factual denials in his answer to the plaintiff's complaint did not constitute an offering of testimony or evidence that would result in an implied waiver of his privilege against disclosure. Gallo v. Conemaugh Health Sys. Inc., PICS Case No. 15-0659 (Pa. Super. April 17, 2015) Strassburger, J. (14 pages).
Dr. Ashok Padhiar appealed from the order of the trial court that granted the motion to compel discovery filed by plaintiff Margaret Gallo, who sought the doctor's drug and alcohol treatment records.
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