[Source: Health Lawyer's Weekly, November 2, 2007]
A physician's communications with his attorney via his hospital-employer’s email system were not protected from discovery under the attorney-client privilege or work product doctrine in a subsequent employment dispute, a New York court ruled October 17.
According to the court, because hospital policy explicitly prohibited personal use of its email system and informed employees of potential monitoring, the physician could not claim these communications were privileged.
Court said, “A ‘no personal use’ policy combined with a policy allowing for employer monitoring and the employee’s knowledge of these two polices diminishes any expectation of confidentiality.”
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