Mc&B Wins Compensation For Victim of Unauthorized Medical Disclosure

McShane & Brady fought and was able to obtain compensation for our client who’s personal medical information was disclosed to a third party despite a lack of consent and authorization.

Our client, who works at a nursing home, was not feeling went one day and out of abundance of caution decided to get tested for COVID-19.  At the testing facility, it was explained that no one would be told any information regarding our client being at the testing site.  If she did test positive for COVID-19, only the health department would be notified.

The next day our client, who was forced info coming into work despite showing some symptoms, masked up and went straight to her office to avoid any sort of contact.  It was while in her office, she overheard a conversation about whether she had been tested.

Later that day, our client learned about possible disclosure and was told her workplace had been given a letter that stated she had been tested.  As a result, our client was suspended.  Information about private health information was spread around the workplace.   In fact,  a lie was spread that our client was fired because she was COVID-19 positive, went to work anyway, and that a patient died because of exposure.

It turned out that her employer had contacted the testing facility physician and disclosed her private information.  The health care industry, at its core is based on the principle of trust between patients and health care providers.  When that trust is breached, the effects can be devastating.