TPM: Will Dr. Bornstein press charges?

[pnwmom]

I'm guessing he might need to, to avoid facing sanctions himself. If they strong-armed him, his liability is mitigated.

https://talkingpointsmemo.com/edblog/will-dr-bornstein-press-charges

I’ve now spoken to a number of doctors and lawyers who practice in this area. At least in most jurisdictions, the doctor owns the original records. That is to say, you know how in the old days there were those big vaults of manila folders of medical records. That packet belongs to the doctor. You have a legal right to get copies. You may have some property interest in the information contained in those documents. You also have the right to control who accesses them. But you don’t, in most cases, have any right to demand the originals.

This probably gets considerably more complicated when you have the original records in a digital form. What’s the ‘original’ and what’s the ‘copy’ etc. But in the Bornstein case, Schiller, Garten and unidentified ‘large man’ who came in apparently confiscated the original paper copies. I haven’t been able to figure out the law in New York State. But in most jurisdictions, Trump and anyone acting on his behalf had no right to take those documents. Unless Bornstein gave the records to them without any implicit coercion, that’s theft.

The second point is that if the Trump crew went into Bornstein’s files and rifled through them to find Trump’s file, they had access to lots of other private and legally protected confidential medical files. That’s probably also an infraction.

[Raven123]

1. Exactly

And if other patients' records were accessed and he didn't report this event as a crime he may have liability as well.

[madaboutharry]

2. Does anyone think that Schiller didn't threaten him on the way out the door?

Schiller is a goon. He probably scared the crap out of Bornstein. That said, Bornstein should have picked up the phone and called the cops.