Morgantown man blames WVU for medical record breach
Kyla Asbury Jan. 17, 2012, 3:56am
MORGANTOWN -- A Morgantown man is suing West Virginia University Medical Corporation for negligence for allowing an employee to access his medical records on three occasions.
West Virginia University Medical Corporation is doing business as University Health Associates.
On Dec. 15, 2009, Randy Friend received a letter from a representative of University Health Associates, which indicated that an employee had accessed his medical records without authorization, according to a complaint filed in Monongalia Circuit Court.
Friend claims the letter indicated that the employee had accessed his records on at least three occasions.
The Health Insurance Portability and Accountability Act, also known as HIPAA, places a duty to protect medical records from unauthorized access upon the entity storing the medical records, according to the suit.
Friend claims Rachel Friend, a former University Health Associates employee accessed his medical records on Sept. 14, 2009, Oct. 27, 2009 and Nov. 10, 2009, while she was on staff at UHA.
Rachel Friend relayed the information located in his medical records to several people living in Randy Friend's community, causing him emotional distress and embarrassment, according to the suit.
Randy Friend claims USA allowed Rachel Friend to access the records without proper authorization.
The defendant failed to properly protect Randy Friend's medical records from unauthorized access which violates the requirements of HIPAA, according to the suit.
Randy Friend is seeking compensatory damages with pre- and post-judgment interest. He is being represented by Jennifer M. McGinley.
Monongalia Circuit Court case number: 11-C-774