In another example of a medical provider facing potential civil liability for providing medical records in response to a subpoena, a federal court in the Northern District of Ohio denied summary judgment for the Cleveland Clinic and other defendants in Turk v. Oiler, No. 09-CV-381 (N. D. Ohio Feb 1, 2010. We previously discussed
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Health Care Employees Fired For Improperly Accessing Patient’s Electronic Health Records
As reported by the December 23 Rochester, Minnesota Post Bulletin, the Mayo Clinic has terminated two medical professionals, a physician and another staff member, after determining that they had inappropriately accessed a patient’s confidential electronic health records (EHRs).
The access highlights what should be a growing concern for health care industry employers: the…
Public Employers Wrestle With Data Breaches
The State of Minnesota has been smacked with a number of privacy-related district court lawsuits recently.
The most recent dispute arose after the state of Minnesota hired a Texas-based company, Lookout Services to perform E-Verify services for state employees as part of a U.S. Department of Homeland Security program to ensure that all employees of the state and its…
Is Shredding Enough?
Continuing our thoughts on how disclosures of private or confidential information may adversely impact the institution and the persons affected by such disclosure, we now focus on something near and dear to lawyers’ hearts: paper shredding.
Many businesses regularly shred documents they no longer need to protect them from disclosure. While this may secure the information contained…
Law Firm Fined for Filing Papers with Social Security Numbers
In another recent example of a law firm running afoul of privacy requirements in litigation (See also the discussion of Kim v. St. Elizabeth’s), U.S. District Judge Michael Davis recently assessed a $5,000 sanction against the law firm for electronically filing an affidavit that contained the Social Security numbers and dates of births…
Caution Required When Responding to Requests for Medical Records
As shown by a recent Illinois appellate court decision, Kim v. St. Elizabeth’s Hosp., Ill. App. Ct., No. 5-08-0571, (Oct. 23, 2009), the patchwork of federal and state protections for certain types of information has made the process of responding to subpoenas more difficult. This is particularly the case with medical records.
Based on…