Westport doctor can be sued for confidentiality violation – CT Supreme Court

Daniel Tepfer reports:

In a case involving a Westport doctor’s office, the state Supreme Court has ruled that patients can sue for negligence if a medical office violates regulations that dictate how medical offices must maintain patient confidentiality.

This is the first time the state’s highest court has ruled regarding this issue. Connecticut now joins Missouri, West Virginia and North Carolina in similar rulings.

“Before this ruling, individuals could not file a lawsuit claiming violation of their privacy under the (Health Insurance Portability and Accountability Act of 1996) regulations,” said Trumbull lawyer Bruce Elstein, who brought the case. “It was for that reason that we filed a negligence claim, claiming the medical office was negligent when it released confidential medical records contrary to the requirements set forth in the regulations.”

Read more on CTPost.

Update: you can access the court opinion on Justia

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