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ARTICLE · 29 DECEMBER 2021

Plaintiff Must Show Recognized Duty Is Owed To Support Negligence Claim

Marshall, Dennehey, Warner, Coleman & Goggin
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Bailey v. Hospital of the University of Pennsylvania, 1481 EDA 2020 (Pa. Super. Ct. Oct. 26, 2021)

United StatesLitigation, Mediation & Arbitration
Holli Bott
Holli Bott

Bailey v. Hospital of the University of Pennsylvania, 1481 EDA 2020 (Pa. Super. Ct. Oct. 26, 2021)

The plaintiff filed a lawsuit against the defendant hospital alleging, among other things, negligent mishandling of her medical records. Specifically, she alleged her blood test results were sent to a doctor she did not know and who was not authorized to receive her results. Further, she was unable to access her results until weeks after their unauthorized release. The plaintiff argued that the hospital has a common law duty to protect her health care information and to make that information available to her, and that the hospital's failure to do so constituted ordinary negligence, which resulted in her suffering an array of injuries. She also asserted that safeguarding a patient's medical records from exposure will enhance the privacy goal under HIPAA.

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