Acosta v. Byrum

Heather Acosta (plaintiff) sued Dr. David Faber and Robin Byrum for emotional distress, alleging the unauthorized disclosure of her psychiatric and medical records. To establish the applicable standard of care, Acosta relied on hospital rules and HIPAA. The trial court dismissed her complaint for failure to state a claim.

Whether a complaint that alleges the applicable standard of care in non-specific terms is sufficient to allow a negligent-infliction-of-emotional-distress claim to proceed.