The Second Opinion: Class Actions Do Not Trump Physician-Patient Confidentiality Rights

The B.C. Court of Appeal has ruled that plaintiffs in a certified class action cannot compel the production of information about class members from the third party physicians who treated them.  The decision in Logan v. Hong, 2013 BCCA 249 is an important reaffirmation of the confidentiality principle inherent in the physician-patient relationship, and a reminder that class proceedings legislation cannot derogate from substantive rights.

Background

The Logan class action was certified in 2011, as Logan v. Dermatech, Intradermal Distribution Inc., 2011 BCSC 1097.  The class consisted of all persons injected with the anti-wrinkle product "Dermalive", who thereafter developed granulomas (or red bumps) in the areas injected.