DataBreaches.Net

Menu
  • About
  • Breach Notification Laws
  • Privacy Policy
  • Transparency Report
Menu

2nd Cir Certified Question Raises Medical Privacy Concerns

Posted on March 27, 2013 by Dissent

Robyn Hagan Cain writes:

Does the unauthorized disclosure of confidential medical information by a clinic’s employee create a right of action for breach of a fiduciary duty against the clinic under New York law? Does it matter if the blabbermouth employee acted outside the scope of her employment? If she was not the plaintiff’s treating physician?

Before the Second Circuit Court of Appeals answers these questions, it wants a little guidance from the New York Court of Appeals because the New York courts are virtually silent about a plaintiff’s ability to sue a medical corpo ration directly for a non-physician employee’s ultra vires disclosure of the plaintiff’s confidential medical information.

Read more on FindLaw.  The case, Doe v. Guthrie Clinic Ltd., could have huge litigation implications in New York, and might even inspire covered entities to do more to tighten up access controls to patient information.

Category: Health Data

Post navigation

← Class action lawsuit filed against hospital, former staff and Fleming College
Patient records found outside an evicted dental clinic in Detroit →

Now more than ever

"Stand with Ukraine:" above raised hands. The illustration is in blue and yellow, the colors of Ukraine's flag.

Search

Browse by Categories

Recent Posts

  • Lower Merion School District says a data breach was caused by a computer glitch
  • After $1 Million Ransom Demand, Virgin Islands Lottery Restores Operations Without Paying Hackers
  • Junior Defence Contractor Arrested For Leaking Indian Naval Secrets To Suspected Pakistani Spies
  • Mysterious leaker GangExposed outs Conti kingpins in massive ransomware data dump
  • Resource: HoganLovells Asia-Pacific Data, Privacy and Cybersecurity Guide 2025
  • Class action settlement following ransomware attack will cost Fred Hutchinson Cancer Center about $52 million
  • Comstar LLC agrees to corrective action plan and fine to settle HHS OCR charges
  • Australian ransomware victims now must tell the government if they pay up
  • U.S. Sanctions Cloud Provider ‘Funnull’ as Top Source of ‘Pig Butchering’ Scams
  • Victoria’s Secret takes down website after security incident

No, You Can’t Buy a Post or an Interview

This site does not accept sponsored posts or link-back arrangements. Inquiries about either are ignored.

And despite what some trolls may try to claim: DataBreaches has never accepted even one dime to interview or report on anyone. Nor will DataBreaches ever pay anyone for data or to interview them.

Want to Get Our RSS Feed?

Grab it here:

https://databreaches.net/feed/

RSS Recent Posts on PogoWasRight.org

  • Fears Grow Over ICE’s Reach Into Schools
  • Resource: HoganLovells Asia-Pacific Data, Privacy and Cybersecurity Guide 2025
  • She Got an Abortion. So A Texas Cop Used 83,000 Cameras to Track Her Down.
  • Why AI May Be Listening In on Your Next Doctor’s Appointment
  • Watch out for activist judges trying to deprive us of our rights to safe reproductive healthcare
  • Nebraska Bans Minor Social Media Accounts Without Parental Consent
  • Trump Taps Palantir to Compile Data on Americans

Have a News Tip?

Email: Tips[at]DataBreaches.net

Signal: +1 516-776-7756

Contact Me

Email: info[at]databreaches.net

Mastodon: Infosec.Exchange/@PogoWasRight

Signal: +1 516-776-7756

DMCA Concern: dmca[at]databreaches.net
© 2009 – 2025 DataBreaches.net and DataBreaches LLC. All rights reserved.