Woman sues Marshall Obstetrics & Gynecology for HIPAA violations

By Kyla Asbury | Jul 19, 2013


HUNTINGTON - A woman is suing Marshall Obstetrics & Gynecology for violating the Health Insurance Portability and Accountability Act and causing her damages.

Marshall Obstetrics & Gynecology is doing business as Marshall University-Joan C. Edwards School of Medicine.

Jane Doe was also named as a defendant in the suit.

During the summer and fall of 2012, Savannah Murphy was pregnant and receiving medical treatment and monitoring from two physicians of the defendants, according to a complaint filed June 28 in Cabell Circuit Court.

Murphy claims during her pregnancy, she was going through a divorce from her husband, Jonathan Broce.

Broce had Doe, who was a relative and/or friend, provide him with protected health information during the divorce, according to the suit.

Murphy claims the defendants violated HIPAA and were negligent in allowing her protected health information to be disseminated to Broce without the authority to do so.

The defendants breached Murphy's confidentiality by allowing Doe, an agent, servant and/or employee, to access and disseminate her protected health information without authority and in violation of HIPAA, according to the suit.

Murphy claims the defendants' actions caused her damages.

As a direct and proximate result of the defendants' actions, Murphy's protected health information was compromised, resulting in an invasion of privacy, according to the suit.

Murphy is seeking damages against the defendants for negligently disseminating the plaintiff's protected health information. She is being represented by Robert B. Kuenzel and Eric R. Bias of Kuenzel & Associates PLLC.

The case has been assigned to Circuit Judge F. Jane Hustead.

Cabell Circuit Court case number: 13-C-450

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