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Herman v. Kratche

Ohio Court of Appeals
2006 WL 3240680


Facts

Herman (plaintiff) received medical treatment from Dr. Kratche (defendant) who worked at a clinic in the Solon Family Health Center (the Clinic) (defendant). On numerous occasions, the Clinic mistakenly sent copies of Herman’s medical treatment records to her employer, Nestle USA, Inc., believing the records were associated with workers’ compensation claims. Even after Herman learned of the unauthorized disclosures and had asked the Clinic to correct the errors, additional disclosures of her medical procedures and examinations were sent by the Clinic to Nestle, including the results of a mammogram screening and billing information incorrectly labeled as a workers’ compensation claim. Herman filed suit against Kratche and the Clinic for unauthorized disclosure, invasion of privacy, and intentional infliction of emotional distress. The trial court granted, without explanation, summary judgment for Kratche. Herman appealed.

Rule of Law

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Issue

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Holding and Reasoning (not provided.)

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  • A "yes" or "no" answer to the question framed in the issue section;
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  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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