Herman v. Kratche
Ohio Court of Appeals
2006 WL 3240680
Herman (plaintiff) received care from Dr. Kratche (defendant) at the Solon Family Health Center (the Clinic) (defendant), which repeatedly and mistakenly sent copies of her medical records — including mammogram results and billing information — to her employer, Nestle, believing they related to workers' compensation claims, even after Herman flagged the errors and asked them to stop. Herman sued for unauthorized disclosure, invasion of privacy, and intentional infliction of emotional distress; the trial court granted summary judgment to the Clinic without explanation, and Herman appealed.
Whether independent torts exist for the unauthorized disclosure of a patient's non-public medical information to a third party, and for invasion of privacy through wrongful intrusion into private affairs, when a clinic mistakenly and repeatedly sends a patient's records to her employer.