from the Lake Superior Court The Honorable John M. Sedia,
Judge Trial Court Cause No. 45D01-1811-CT-803
Attorney for Appellant Neal F. Eggeson, Jr. Eggeson Privacy
Law Fishers, Indiana
Attorneys for Appellee Sharon L. Stanzione Alan M. Kus
Johnson & Bell, P.C. Crown Point, Indiana
Amanda Henry appeals the trial court's order dismissing
the complaint she filed against Community Healthcare System
Community Hospital (Community) after a Community employee
allegedly provided Henry's medical records to the
employee's spouse, who happened to be Henry's
employer. Henry argues that (1) while HIPAA does not contain
a private right of action, it can form the basis of a duty
and/or standard of care; (2) the trial court erroneously
found that Indiana does not recognize the tort of public
disclosure of private information; and (3) dismissal was
improper where there were multiple viable negligence-based
claims implicated by the complaint. Finding that Henry has
one or more claims that should have survived dismissal, we
reverse and remand for further proceedings.
On March 1, 2018, Henry received medical treatment at
Community Hospital in Munster. As part of her treatment, she
underwent radiographic imaging. Three days later, Henry's
employer showed her digital images of her X-rays on the
employer's cell phone. Henry later learned that her
employer is married to the radiologic technician who
performed her radiographic imaging.
On October 24, 2018, Henry filed a complaint against
Community. The relevant portions of the complaint read as
3. On March 1, 2018, plaintiff received medical care at
4. Community owes a duty to protect the privacy, security,
and confidentiality of health records generated or maintained
by providers within its network.
5. At some point between March 1, 2018 and March 4, 2018, a
Community workforce member shared plaintiff's protected
health information with the workforce member's spouse.
6. On March 4, 2018, the workforce member's spouse showed
plaintiff digital images (contained in the spouse's
cellular telephone) of plaintiff's March 1, 2018 x-ray
11. As a direct and proximate result of the ...