Beerens v Biggs [2019] NSWSC 1707
No relationship of confidentiality existed between the plaintiff and the treating doctors as against the defendant at the relevant time, as all were engaged for the same treatment and exchanged information openly. Consequently, the defendant is permitted to interview the plaintiff's former treating doctors.
- Parties
- Plaintiff: Steven Beerens; Defendant: Michael Biggs
- Jurisdiction
- Australia
- Judgment Date
- 26 November 2019
- Procedural Posture
- Civil / Interlocutory Motion
- Outcome
- Motion granted.
- Legal Topics
- Personal Injury, Doctor Patient Confidentiality, Privilege, Negligence, Health Care Professionals
Case Brief
Summary, issues, holding and outcome
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Parties
Steven Beerens
Plaintiff
Michael Biggs
Defendant
Procedural Posture
Civil / Interlocutory Motion
Legal Issues
- 1 Whether the defendant is entitled to interview the plaintiff's former treating doctors despite claims of doctor-patient confidentiality.
- 2 Whether doctor-patient confidentiality prevents disclosure of communications between the plaintiff and the treating doctors to the defendant.
Ratio Decidendi
No relationship of confidentiality existed between the plaintiff and the treating doctors as against the defendant at the relevant time, as all were engaged for the same treatment and exchanged information openly. Consequently, the defendant is permitted to interview the plaintiff's former treating doctors.
Court Disposition
Motion granted.
Orders
- Declaration made that defendant is permitted to interview plaintiff's former treating doctors.
- Plaintiff to pay defendant's costs.
Full Case Text
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