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Tuesday, November 18, 2014

Ind. Decisions - "Incidents involving alleged patient privacy violations can lead to negligence lawsuits that invoke HIPAA as a benchmark"

"Court Upholds $1.4 Million Privacy Verdict: Walgreens Case Invokes HIPAA as a Benchmark", a long story written by Marianne Kolbasuk McGee for GovInfoSecurity, presents the best coverage the ILB has seen of the Indiana Court of Appeals opinion November 14th in the case of Walgreen Co. v. Abigail E. Hinchy. A few quotes:

A second state court ruling in recent weeks calls attention to how incidents involving alleged patient privacy violations can lead to negligence lawsuits that invoke HIPAA as a benchmark.

In the most recent case, the Indiana appellate court has upheld a $1.4 million jury verdict awarded in 2013 to a customer that alleged her privacy was violated by a Walgreens pharmacist who inappropriately reviewed and shared the woman's prescription history with a third party. * * *

HIPAA does not permit a "private cause of action" for individuals to sue for violations of the federal law. But the Walgreens case, like a similar case in Connecticut, gets around that by, instead, alleging negligence under state statutes for failing to meet HIPAA requirements, invoked as the "standard of care" for protecting patient information.

Posted by Marcia Oddi on November 18, 2014 06:24 PM
Posted to Ind. App.Ct. Decisions