Tuesday, February 24, 2015

Class-action Patient Privacy Breach Suit to Move Forward

The Ontario Court of Appeal ruled that a class-action suit brought by patients of a local hospital can proceed. The patients allege $5.6 million in damages as a result of inappropriate access to their medical records.

The court said "There is no basis to exclude the jurisdiction of the Superior Court from entertaining a common law claim for breach of privacy and, given the absence of an effective dispute resolution procedure, there is no merit to the suggestion that the court should decline to exercise its jurisdiction." The court also found the hospital responsible for the plantiffs' $24,000 legal fees.

"...given the absence of an effective dispute resolution procedure, there is no merit to the suggestion that the court should decline to exercise its jurisdiction." - Court of Appeal
The case stems from the hospital announcing in the spring 2012 that 280 patients had their privacy breached and seven hospital employees were fired for accessing patient records they were not entitled to view.
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Sources:
(a) PRHC privacy lawsuit to go ahead - www.ThePeterBoroughExaminer.com, 02/18/2015

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