Commentary: Law firm sued over medical records disclosure.

• Date: 03 August 2005
• Author: Finerty, John
• Published date: 03 August 2005
• Author: Finerty, John

Byline: John Finerty

In employment litigation, a former employee's medical records may be relevant to a number of issues. For example, medical records are used routinely in worker's compensation cases, disability claims and OSHA cases. However, does an employee have a claim against defense counsel when company lawyers file a former employee's medical records in a court case? One California plaintiff thinks so.

Rakich v. Paul Hastings Janofsky & Walker

The law firm of Paul Hastings Janofsky & Walker represented EMC Corp. as defense counsel in a wrongful termination case brought by a former employee, Caron Rakich. Not only did Rakich sue EMC Corp., but, she has also sued the Paul Hastings firm, alleging the firm violated her right to privacy by disclosing medical information during the course of litigation. According to Rakich's attorney, he filed a form complaint alleging breach of privacy and is currently deciding whether to continue pursuing the claim. If so, he intends to amend the complaint, possibly adding additional claims.

Rakich v. EMC Corp.

Caron Rakich sued EMC Corp. in the U.S. District Court for the Northern District of California for everything from misrepresentation to unfair business practices - 14 causes of action in all. She sought both declaratory relief and monetary damages, in addition to a permanent...