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Sheldon v. Kettering Health Network
Ohio Court of Appeals
40 N.E.3d 661 (2015)
Duane Sheldon (defendant), an employee of Kettering Health Network (KHN) (defendant) used KHN’s software system to access the private medical records of his former spouse, Vicki Sheldon (plaintiff). Vicki then filed multiple common-law tort claims, including a negligence per se claim, against Duane and KHN on the ground that they had failed to protect private medical information as required under the federal Health Insurance Portability and Accountability Act (HIPAA). As evidence of the failure, Vicki argued that HIPAA required covered entities to run monthly reports on software systems to ensure there is no improper access of information, which KHN failed to do. KHN moved to dismiss the complaint, arguing that because HIPAA does not allow private right of actions, Vicki should not be permitted to file tort claims in response to HIPAA violations. The trial court granted the motion, and Vicki appealed.
Rule of Law
Holding and Reasoning (Hall, J.)
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