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McBrayer Blogs
Showing 1 post in Doe v. Guthrie Clinic.
Doe v. Guthrie Clinic, Ltd.: A New Privacy Battleground?, cont.
Posted In Doe v. Guthrie Clinic, Electronic Protected Health Information (ePHI), Health Care Law, Health Insurance Portability and Accountability Act of 1996 (HIPAA), Patient Privacy
Earlier this week, I mentioned the Doe v. Guthrie Clinic, Ltd.[1] case and what it may mean for provider liability. In a nutshell, the plaintiff in Guthrie seeks to extend the fiduciary duty of patient confidentiality beyond the licensed provider to the medical corporation, including hospitals and medical practices. Under the proposed theory, the hospital or medical practice could be held directly liable for the unauthorized disclosure of patient information regardless of whether an employee disclosed the information within the scope of employment. In other words, the unauthorized disclosure of patient information would be attributed to the medical corporation, which acting through its representatives, breached patient confidentiality. More >
