Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Henry v. Community Healthcare System Community Hospital

Court of Appeals of Indiana

October 8, 2019

Amanda Henry, Appellant-Plaintiff,
v.
Community Healthcare System Community Hospital, Appellee-Defendant

          Appeal 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

          BAKER, JUDGE

         [¶1] 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.

         Facts[1]

         [¶2] 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.

         [¶3] On October 24, 2018, Henry filed a complaint against Community. The relevant portions of the complaint read as follows:

3. On March 1, 2018, plaintiff received medical care at Community.
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 films.
***
11. As a direct and proximate result of the ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.