2nd Cir Certified Question Raises Medical Privacy Concerns

Robyn Hagan Cain writes:

Does the unauthorized disclosure of confidential medical information by a clinic’s employee create a right of action for breach of a fiduciary duty against the clinic under New York law? Does it matter if the blabbermouth employee acted outside the scope of her employment? If she was not the plaintiff’s treating physician?

Before the Second Circuit Court of Appeals answers these questions, it wants a little guidance from the New York Court of Appeals because the New York courts are virtually silent about a plaintiff’s ability to sue a medical corpo ration directly for a non-physician employee’s ultra vires disclosure of the plaintiff’s confidential medical information.

Read more on FindLaw.  The case, Doe v. Guthrie Clinic Ltd., could have huge litigation implications in New York, and might even inspire covered entities to do more to tighten up access controls to patient information.

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