[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.grossmcginley.com\/resources\/news\/superior-court-upholds-summary-judgment-in-favor-of-family-practice\/#BlogPosting","mainEntityOfPage":"https:\/\/www.grossmcginley.com\/resources\/news\/superior-court-upholds-summary-judgment-in-favor-of-family-practice\/","headline":"Superior Court Upholds Summary Judgment in Favor of Family Medical Practice","name":"Superior Court Upholds Summary Judgment in Favor of Family Medical Practice","description":"In a recent opinion, the Pennsylvania Superior Court upheld the dismissal of a lawsuit against a family […]","datePublished":"2016-09-21","dateModified":"2021-06-08","author":{"@type":"Person","@id":"https:\/\/www.grossmcginley.com\/resources\/author\/michael-blum\/#Person","name":"Michael J. Blum","url":"https:\/\/www.grossmcginley.com\/resources\/author\/michael-blum\/","identifier":10,"image":{"@type":"ImageObject","@id":"https:\/\/www.grossmcginley.com\/wp-content\/uploads\/2020\/01\/michael-blum-lawyer-promoted-150x150.jpg","url":"https:\/\/www.grossmcginley.com\/wp-content\/uploads\/2020\/01\/michael-blum-lawyer-promoted-150x150.jpg","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Gross McGinley, LLP","logo":{"@type":"ImageObject","@id":"https:\/\/www.grossmcginley.com\/wp-content\/uploads\/2017\/10\/logopng-00436945-e1531508982151.png","url":"https:\/\/www.grossmcginley.com\/wp-content\/uploads\/2017\/10\/logopng-00436945-e1531508982151.png","width":600,"height":60}},"image":{"@type":"ImageObject","@id":"https:\/\/www.grossmcginley.com\/wp-content\/uploads\/2016\/09\/family-medical-practice.jpg","url":"https:\/\/www.grossmcginley.com\/wp-content\/uploads\/2016\/09\/family-medical-practice.jpg","height":800,"width":800},"url":"https:\/\/www.grossmcginley.com\/resources\/news\/superior-court-upholds-summary-judgment-in-favor-of-family-practice\/","about":["Firm News","News"],"wordCount":309,"keywords":["Litigation","Medical Malpractice Defense"],"articleBody":"In a recent opinion, the Pennsylvania Superior Court upheld the dismissal of a lawsuit against a family medical\u00a0practice; confirming that the practice was not liable for an employee\u2019s intentional theft and disclosure of a patient\u2019s medical records.\u00a0 Attorney Michael J. Blum obtained summary judgment for the family practice in the Northampton County Court of Common Pleas, then successfully argued in front of a panel of the Superior Court, and finally confirmed judgment when the Superior Court refused to rehear the matter.\u00a0 This unusual case stems from a medical assistant\u2019s attempt to help one of her friends in a divorce case.\u00a0 The promptly fired medical assistant obtained protected health information of a woman and disclosed it to the woman\u2019s future ex-husband.\u00a0 The medical assistant\u2019s acts were clearly a violation of the patient\u2019s right to privacy in her medical records under the Health Insurance Portability and Affordability Act (HIPAA).\u00a0 After the medical assistant was fired she and the family practice faced a lawsuit.The Superior Court upheld a long-standing principle of law and found that an employer was not vicariously liable for the intentional torts of its employee.\u00a0 The disclosure of medical information to the ex-husband clearly qualified as an intentional tort.\u00a0 Furthermore, under HIPAA, there is no private right of action allowed, meaning that an individual cannot sue for money damages in court.\u00a0 The exclusive remedy when an individual\u2019s medical records or protected health information are disclosed belongs to the Department of Health and Human Services.\u00a0 The department may fine or sanction a medical provider for improper disclosures, but the court upheld this lawsuit for money damages is precluded.Michael\u00a0is an experienced trial attorney\u00a0focusing in the areas of \u00a0medical malpractice defense and general liability defense. He also frequently speaks to health care professionals on patient privacy, record-keeping, and HIPAA regulations."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Resources","item":"https:\/\/www.grossmcginley.com\/resources\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"News","item":"https:\/\/www.grossmcginley.com\/resources\/\/news\/#breadcrumbitem"},{"@type":"ListItem","position":3,"name":"Superior Court Upholds Summary Judgment in Favor of Family Medical Practice","item":"https:\/\/www.grossmcginley.com\/resources\/news\/superior-court-upholds-summary-judgment-in-favor-of-family-practice\/#breadcrumbitem"}]}]