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October 02. 2012 9:23PM
State pushes back against effort by Exeter Hospital to block access
EXETER — The state is fighting an effort by Exeter Hospital to prevent the release of patient records as the investigation continues into a hepatitis C outbreak.
The state Attorney General's Office filed a motion Tuesday objecting to a protective order sought by the hospital.
The hospital claims the state is violating patient privacy laws by seeking access to certain medical records as it investigates the outbreak that infected 32 former patients.
Former hospital medical technician David Kwiatkowski, 33, has been accused of spreading the potentially deadly liver disease by using syringes filled with the painkiller Fentanyl and then returning the syringes to be used on unsuspecting patients.
The hospital filed a petition for declaratory judgment and a motion for a protective order in Merrimack County Superior Court in August asking that the state not be given access to some of the records.
The Attorney General's Office insists that the state's request to see patient records does not violate any state or federal laws.
In its objection, the state maintains that there's no legal basis for issuing a protective order in the case.
“State law expressly requires health care providers to report and provide information to Public Health pursuant to a communicable disease investigation,” the state said in its motion.
The state also argues that state law “abrogates the physician-patient privilege to provide for disclosure of protected health information to Public Health.”
Meanwhile, legal maneuvering continues in Rockingham County Superior Court where the hospital faces 25 lawsuits brought by former patients, some of whom were allegedly infected by Kwiatkowski.
The hospital's law firm, Nelson Kinder and Mosseau, filed a motion Friday asking the court to temporarily delay discovery in one of the suits brought by a patient identified only as Jane A. Doe, who is suing the hospital and Triage Staffing Inc., a Nebraska company that hired Kwiatkowski and is accused of placing him in hospitals around the country, including Exeter Hospital.
Among other things, the hospital said in its motion that it wants time to explore mediation to settle the case to avoid “protracted and costly litigation.” The hospital said settling the Jane Doe case “might advance the resolution” of the 24 other suits, one of which is a class action case.
jschreiber@newstote.com
The state Attorney General's Office filed a motion Tuesday objecting to a protective order sought by the hospital.
The hospital claims the state is violating patient privacy laws by seeking access to certain medical records as it investigates the outbreak that infected 32 former patients.
Former hospital medical technician David Kwiatkowski, 33, has been accused of spreading the potentially deadly liver disease by using syringes filled with the painkiller Fentanyl and then returning the syringes to be used on unsuspecting patients.
The hospital filed a petition for declaratory judgment and a motion for a protective order in Merrimack County Superior Court in August asking that the state not be given access to some of the records.
The Attorney General's Office insists that the state's request to see patient records does not violate any state or federal laws.
In its objection, the state maintains that there's no legal basis for issuing a protective order in the case.
“State law expressly requires health care providers to report and provide information to Public Health pursuant to a communicable disease investigation,” the state said in its motion.
The state also argues that state law “abrogates the physician-patient privilege to provide for disclosure of protected health information to Public Health.”
Meanwhile, legal maneuvering continues in Rockingham County Superior Court where the hospital faces 25 lawsuits brought by former patients, some of whom were allegedly infected by Kwiatkowski.
The hospital's law firm, Nelson Kinder and Mosseau, filed a motion Friday asking the court to temporarily delay discovery in one of the suits brought by a patient identified only as Jane A. Doe, who is suing the hospital and Triage Staffing Inc., a Nebraska company that hired Kwiatkowski and is accused of placing him in hospitals around the country, including Exeter Hospital.
Among other things, the hospital said in its motion that it wants time to explore mediation to settle the case to avoid “protracted and costly litigation.” The hospital said settling the Jane Doe case “might advance the resolution” of the 24 other suits, one of which is a class action case.
jschreiber@newstote.com
