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Horne v. Patton

Alabama Supreme Court

287 So. 2d 824 (1973)

Facts

Larry Horne (plaintiff) was a patient of Dr. Patton (defendant). Horne and Patton established a doctor-patient relationship based on payment by Horne for medical services rendered by Patton. Horne expressly instructed Patton not to release any medical information about Horne to his employer. Patton released full medical information to Horne’s employer without authorization. Horne was dismissed from employment as a result of Patton’s disclosure to the employer. Horne filed a complaint in the trial court and asserted that the disclosure by Patton of information acquired in the course of the doctor-patient relationship constituted a breach of the confidential relationship. Patton responded that Horne was not entitled to legal relief even if the alleged facts were true. The trial court sustained Patton’s response. Horne voluntarily abandoned his action in the trial court and filed an action in the state supreme court, assigning as error the trial court’s ruling.

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Holding and Reasoning (Bloodworth, J.)

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Dissent (McCall, J.)

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