CHARLESTON - A man is suing Highland Hospital Association for allegedly breaching its duty of confidentiality and causing him damages.

Highland Health Care Center Inc. was also named as a defendant in the suit.

On Sept. 13, 2012, Shawn P. Foglesong was involuntarily committed and admitted to the Adult Unit West of Highland Hospital and as part of his treatment, he received therapy and counseling from agents and/or employees of the defendants, according to a complaint filed Sept. 10 in Kanawha Circuit Court.

Foglesong claims while he was involuntarily committed and admitted, he did not present a clear and substantial danger of imminent injury to himself and others and on Sept. 28, 2012, he was discharged.

The defendants disclosed confidential information obtained from Foglesong during his treatment and evaluation to law enforcement officers from the City of Charleston, according to the suit.

Foglesong claims he did not authorize the release of confidential information related to his hospitalization and treatment.

As a direct and proximate result of the disclosure of confidential information by agents and/or employees of the defendants, Foglesong was arrested and charged with a criminal offense of allegedly violating West Virginia code, according to the suit.

Foglesong claims because he was unable to post bond following his arrest, he was incarcerated for more than nine months, until he was acquitted of the criminal charge on June 11.

The defendants' conduct caused Foglesong to suffer anxiety, fear, humiliation, embarrassment, aggravation, annoyance, inconvenience and mental and emotional distress, according to the suit.

Foglesong claims the defendants' conduct constituted an invasion of his right to privacy.

The defendants owed Foglesong a duty of confidentiality and breached that duty by disclosing information to Charleston law enforcement officers, according to the suit.

Foglesong is seeking compensatory and punitive damages with pre-judgment interest. He is represented by Mark A. Atkinson and John J. Polak of Atkinson & Polak PLLC.

The case has been assigned to Circuit Judge Jennifer Bailey.

Kanawha Circuit Court case number: 13-C-1710




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