Businesses across many industries naturally want to showcase their satisfied customers. Whether it’s a university featuring successful graduates, a retailer highlighting happy shoppers, or a healthcare facility showcasing thriving patients, these real-world testimonials can be powerful marketing tools. However, when it comes to healthcare providers subject to HIPAA, using patient images and information for promotional
Deletion of Facebook Page = Spoliation
A New Jersey District Court has sanctioned a personal injury plaintiff for spoliation following the plaintiff’s deletion of his Facebook account which defendants were trying to access.
The defendant’s discovery requests asked for documents or records of “wall posts, comments, status updates or personal information posted or made by plaintiff on Facebook and/or any social
Alleged HIPAA Violation Supports State Common Law Negligence Claim
A Missouri federal district court has ruled, in I.S. v. Washington University, that a HIPAA-covered entity’s disclosure of protected information can form the basis for a state-law negligence claim. The Court reached this holding despite the well-accepted principle there is no private cause of action under HIPAA.
The plaintiff, I.S., was undergoing medical treatment