ARTICLE · 13 NOVEMBER 2014

Connecticut Court Allows State Law Claims Based On HIPAA Violation

Day Pitney LLP

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The Connecticut Supreme Court has ruled that a patient may sue a healthcare provider for negligence and emotional distress caused by an alleged HIPAA violation.

United StatesLitigation, Mediation & Arbitration

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The Connecticut Supreme Court has ruled that a patient may sue a healthcare provider for negligence and emotional distress caused by an alleged violation of the HIPAA privacy regulations. The court's opinion was released unofficially last week and published in the Connecticut Law Journal on November 11.

The defendant medical practice allegedly breached the confidentiality of the plaintiff's medical records by releasing information about her pregnancy without her authorization. The plaintiff had instructed the practice not to release the records of her prenatal care to the father of her baby. However, when the practice received a subpoena from the father in a paternity action, it sent a copy of the plaintiff's records to the court without giving her prior notice or requesting the court's guidance regarding its obligations under HIPAA.

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