Wednesday, September 30, 2015

Class Action Insider Patient Data Theft Suit Can Proceed Against Hospital

A class action lawsuit filed by patients against a hospital over the alleged theft of private patient information by an employee has survived a motion to dismiss.

The judge rejected the hospital's argument that future injuries is not legally sufficient to justify the claim. The hospital also argued that while fraudulent tax returns may have been filed in the names of some of the plaintiffs, they failed to show any actual monetary losses. The US District Court judge, however, ruled in favor of the plaintiffs saying “Though they were given careful consideration, defendant’s arguments are ultimately unpersuasive."

"The suit claims the hospital failed to properly safeguard the patient information.."
- The Dothan Eagle
The patient ID thefts went on for almost a year and were probably discovered by law enforcement, not the organization holding the PII. With more class action suits being filed by victims of ID thefts organizations must utilize proactive breach detection solutions such as second-generation behavioral analytics.
Learn how to proactively detect identity theft and unauthorized breaches of data privacy, even by authorized users - with no hardware and no on-site software.
Sources:
(a) Data breach lawsuit against Flowers Hospital survives motion to dismiss - www.TheDothanEagle.com, 09/27/2014

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