Mid-Atlantic Health Law TOPICS

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Keep It Confidential

In 1996, a patient, Jane Doe, was treated at an upstate New York medical facility. A medical records clerk, Christen Adey, who was employed at the facility, read Doe's file. Coincidentally, Adey's sister and Doe worked for the same employer, and during a subsequent party attended by Doe's co-workers, Adey allegedly disclosed that Doe had sought treatment for the break-up of a same sex relationship.

Thereafter, Doe sued, and on appeal, in Doe v. Community Health Plan, a New York intermedi­ate appeals court recently held that the facility had a duty not to disclose confidential informa­tion, and that the facility was responsible for the acts of its employees, even when the alleged disclosure obviously occurred outside the scope of the clerk's employment.

The simple moral of this story is that medical employers should continually reinforce to their employees how important it is to keep confi­dences confidential, and that even diligent employers will still in all likelihood remain liable for the actions of their rogue employees.

Lynn S. Slawson
(410) 576-4116 •
lslawson@gfrlaw.com

Date

September 12, 2000

Type

Publications

Teams

Health Care