HIPAA and state law privacy claims stand while medical malpractice claim falls
From the Michael H. Cohen Law Group:
A federal court in Indiana rules that patient’s HIPAA and state privacy claims could stand, based on the allegation that a physician shared information about the patient’s medical condition with his employer.
In Reed v. Rodarte, No. 2:11 CV 153 (N.D. Ind. Feb. 14, 2013), the court rejected the physician’s argument that the claims should be classified as medical malpractice claims (which would have plaintiff to obtain an opinion from a state medical review panel prior to filing suit).
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