Ohio woman sues over MPLA violations

HUNTINGTON -- An Ohio woman is suing Ultimate Health Services and a physician she claims violated the West Virginia Medical Professional Liability Act by not releasing her records when she filed for disability benefits.

Jerry Riley became a patient of Dr. William Beam in 2008 and was diagnosed with severe COPD, and in 2009, Beam determined that she was completely disabled from her job at BB&T Bank, according to a complaint filed Feb. 15 in Cabell Circuit Court.

Riley claims in April 2009 she filed a short-term disability claim with The Hartford and at that time, inquired about long-term disability and was told she had to file for short-term disability first and that the claim would be converted to long-term disability after six months if she qualified.

After informing the defendants of her short-term disability claim with The Hartford, a representative of the defendants contacted The Hartford on May 2 2009 and verbally reported that Riley suffered from severe COPD with a DLCO finding of 22 percent, according to the suit.

Riley claims The Hartford informed the defendants that it would need a copy of her medical records, so she executed a HIPAA released and The Hartford forwarded the released to the defendants.

However, the defendants failed and/or refused to send Riley's medical records to The Hartford and her short-term disability claim was denied, according to the suit.

Riley claims she attempted to get the defendants to respond to the request, but they failed to do so.

As a result of the short-term disability claim denial, Riley lost her job at BB&T, according to the suit.

Riley is seeking compensatory damages with pre- and post-judgment interest. She is being represented by Timothy P. Rosinsky and Sharon Rowsey.

The case has been assigned to Circuit Judge David M. Pancake.

Cabell Circuit Court case number: 12-C-98