Herman v. Kratche

DISCLOSURE/INVASION OF PRIVACY

Herman v. Kratche,
No. 86697 (Ohio Ct. App. Nov. 9, 2006)

A patient went to the defendant doctor
and clinic three times for non-work-related medical treatment. The clinic
mistakenly forwarded the confidential medical records of these visits to the
patient’s employer without her consent. The patient filed suit for unauthorized
disclosure, invasion of privacy, and intentional infliction of emotional distress.
The doctor and clinic were granted summary judgment on all three claims. The
patient appealed.

The Court of Appeals of Ohio, Eighth District, reversed the grant of summary
judgment for the claims of unauthorized disclosure and invasion of privacy.
Regarding the unauthorized disclosure, the court found that the clinic had
a fiduciary duty to the patient that was breached when it sent her non-work-related
medical records to her employer. Regarding the invasion of privacy claim, the
court found that there remained a genuine issue of material fact as to whether
the clinic’s wrongful intrusion into the patient’s private health
information would cause a reasonable person outrage, mental suffering, or shame,
as is required for such a claim.

The court affirmed the trial court’s grant of summary judgment for the
clinic on the intentional infliction of emotional distress claim because the
patient offered no evidence beyond her own testimony in support of a claim
that the emotional injury was severe and debilitating, as is required.