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Iowa Court: proof of disclosure not sufficient to support damages

Posted on May 22, 2009 by Dissent

Jeff Drummon of HIPAA blog points to an Iowa case decided this month: John Doe v. Central Iowa Health System d/b/a Iowa Health Des Moines d/b/a Iowa Methodist Medical Center and d/b/a Iowa Lutheran Hospital (pdf). In this case, although the plaintiff seemingly convinced the jury that his records had been improperly disclosed, he didn’t demonstrate actual harm, providing no expert testimony on the impact of the breach on his health and well-being, etc.

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2 thoughts on “Iowa Court: proof of disclosure not sufficient to support damages”

  1. Anonymous says:
    May 22, 2009 at 1:28 pm

    This is civil case, the violation sting for IHS will be when the IA AG gets ahold of it & Feds…I wonder the amount of Violations & associated Penalties.

  2. Anonymous says:
    May 22, 2009 at 1:42 pm

    Thanks for sharing your thoughts, Steven. Do you really think that the IA AG will do anything with this? Or HHS?

    I wish that there was more enforcement and penalties so that the word would get out and hopefully deter some of these violations.

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