11/18/2014    

IN THE COURTS

Court Allows HIPAA Negligence Claim

 

A Connecticut Supreme Court has ruled that plaintiffs can sue for negligence if a healthcare provider violates HIPAA regulations for protecting patient privacy. The Connecticut case of Emily Byrne vs. Avery Center for Obstetrics and Gynecology involved a patient who sued a healthcare clinic that released her medical records to a third party without her authorization. But legal experts say the ruling could potentially have relevance in certain data breach cases.

 

"HIPAA does not provide for the 'private right of action,' or [the right of] private folks to sue under the statute," says privacy attorney Brad Rostolsky of the law firm Reed Smith. "Enforcement actions and fines for HIPAA violations are levied by federal regulators. But in a handful of cases, like this Connecticut ruling, courts have allowed HIPAA as the 'standard of care' for negligence claims."

 

Source: Marianne Kolbasuk McGee, Healthcare Info Security [11/7/14] via Dr. Richard Willner