Suit for breach of privacy fails – Defense Verdict
Sep 01, 2011OUTCOME: Defense Verdict
Plaintiff sued defendant substance abuse treatment facility in a medical malpractice action for the alleged negligent and unauthorized disclosure of plaintiff’s medical records. As a part of plaintiff ... ’s alleged breach of privacy, plaintiff contended that defendant breached certain federal laws and corresponding enacting regulations found in 42 C.F.R. Part 2 as well as HIPAA (45 C.F.R. Parts 160 and 164). Plaintiff also contended that defendant breached the Virginia Code’s health records privacy regulations as a part of the breach of privacy action. Moreover, plaintiff enumerated to the policies and procedures of the Health Practitioners Monitoring Program claiming that they are the sole entity charged with the responsibility for communicating with credentialing committees. Plaintiff had over $300,000 in actual damages and plaintiff’s counsel requested $2,000,000 in his closing argument. No settlement offer was ever made by the defense. Plaintiff’s experts testified that the disclosure or plaintiff’s medical records constituted a breach in the standard of care. The defense expert testified that the disclosure of plaintiff’s medical records was both authorized and in comport with the standard of care even had no such authorization been given. After a four-day jury trial, the jury deliberated for approximately two hours before returning a verdict for the defendant. http://valawyersweekly.com/2011/10/31/suit-for-breach-of-privacy-fails-defense-verdict/
