HUNTINGTON —An unnamed woman from Detroit is suing Cabell Huntington Hospital for improper and unauthorized access to her medical records.
Jane Doe scheduled an appointment with Cabell's Center for Advanced Reproductive Medicine for Oct. 10, 2022. She was unable to make her scheduled appointment, according to a complaint filed in U.S. District Court for the Southern District of West Virginia.
At all times before the defendant's alleged breach of her privacy, the plaintiff had not disclosed that she was experiencing difficulties becoming pregnant, and had not shared such information with family, much less the public.
"On or about November 8, 2022, plaintiff learned from a former employee that two employees of defendant had repeatedly accessed her file and shared plaintiff's private information with third parties or individuals having no need to receive the same," the complaint states. "Defendant’s improper dissemination of plaintiff's medical information has caused her unnecessary embarrassment. It has also exacerbated her anxiety."
The plaintiff did not permit the defendant or its agents to communicate or otherwise divulge any of her medical information to any third parties, according to the suit.
Doe claims as a result of the improper and illegal dissemination of her medical information to unauthorized persons, she has suffered damages and seeks complete justice.
Doe claims as a provider of health care services, the defendant owes a legal duty to ensure, protect and maintain the privacy and confidential medical and health care information of all persons whom it serves and treats.
At all times mentioned, the defendant knew or should have known that its employees, including the ones who improperly divulged Doe’s information, could and unfortunately, would improperly divulge a patient’s private medical information in course of and scope of their employments in the absence of proper security/protection/training measures taken by the defendant.
"As a provider of health care services, defendant has a duty to train all its employees having access to and/or information about a patient’s medical information on the protection of patient privacy and confidentiality," the complaint states. "Defendant’s employees, including the employee who improperly divulged Ms. Doe’s medical status, have a duty to comply with defendant’s privacy policies and promptly abide by and enforce them."
Doe claims the defendant owes a duty to the plaintiff to ensure that its employees cannot disseminate private medical information to unauthorized third parties who have no need for such confidential information.
Doe is seeking compensatory and punitive damages. She is represented by Hoyt Glazer of Glazer Saad Anderson in Huntington.
U.S. District Court for the Southern District of West Virginia case number: 3:23-cv-00437