Ware v. Bronson Methodist Hosp. (Summary)
INVASION OF PRIVACY
Ware v. Bronson Methodist Hosp., No. 307886 (Ct. App. Mich. Nov. 4, 2014)
A patient specified on her privacy authorization form that her personal information was not to be shared with a particular nurse at the hospital, the girlfriend of the patient’s ex-husband. However, the nurse did access the patient’s medical files. She proceeded to share the patient’s confidential information with the patient’s ex-husband. The patient then sued the hospital for vicarious liability, negligence, and breach of contract.
The court found that the hospital was not vicariously liable for the nurse’s private actions. The “vindictive” actions of the nurse were not in the scope of her employment and did not further the interests of the hospital. The court also determined that the trial court improperly judged the hospital’s patient confidentiality procedures, because the reasonableness of medical judgment cannot be evaluated by a jury. However, the court affirmed the trial court’s decision allowing a jury to hear arguments on the hospital’s enforcement of existing patient confidentiality procedures. Claims of enforcement do not address medical standards of care, meaning the jury should be permitted to hear and resolve the claim.