Legal Question in Civil Litigation in California

Employee/Patient Privacy Act related to accident involving Alochol

I was wondering if an employer can

get information from a hospital on

the blood alcohol level of a patient

who was earlier involved in a single

car accident while the patient was

driving a private company vehicle

during working hours. The employee

was not cited by law enforcement.


Asked on 4/11/09, 1:07 am

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Employee/Patient Privacy Act related to accident involving Alochol

Yes, with proper paperwork and procedures, since you were on the job.

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Answered on 4/13/09, 4:03 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Employee/Patient Privacy Act related to accident involving Alochol

Not legally, at least not right away. A patient's medical records are private. His employer has no right to them. However, if the employer becomes involved in a lawsuit arising out of the accident, it may be able to subpoena those records.

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Answered on 4/11/09, 4:44 pm


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