Connecticut court takes up doctor-patient confidentiality

Practice Focuses

The Connecticut Supreme Court will be deciding an issue that most people may think is already settled — whether medical providers have a duty to keep patients' medical records confidential.

A trial court judge in Bridgeport, Richard Arnold, ruled in 2015 that Connecticut law, unlike laws in many other states, has yet to recognize a duty of confidentiality between doctors and their patients, or that communications between patients and health care providers are privileged under common law.

The decision came in a paternity case where a doctors' office in Westport sent the medical file of a child's mother without her permission to a probate court under a subpoena issued by the father's lawyer — not a court — and the father was able to look at the file.

The mother, Emily Byrne, a former New Canaan resident now living in Montpelier, Vermont, sued the Avery Center for Obstetrics & Gynecology in 2007 for negligence in failing to protect her medical file and infliction of emotional distress. She alleges the child's father used her highly personal information to harass, threaten and humiliate her, including filing seven lawsuits and threatening to file criminal complaints.

But Arnold dismissed the claims, saying "no courts in Connecticut, to date, recognized or adopted a common law privilege for communications between a patient and physicians."

The state Supreme Court is scheduled to hear arguments in the case Monday. Byrne, a nurse, referred questions to her lawyer, Bruce Elstein, who said the case will result in an important, precedent-setting decision by the Supreme Court.

"The confidentiality of medical information is at stake," Elstein said. "If the court rules in the Avery Center's favor, the tomorrow for medical offices will be that no patient communications are privileged. Their private health information can be revealed without their knowledge or consent."

A lawyer for the Avery Center didn't return messages seeking comment. The concept of doctor-patient confidentiality dates back roughly 2,500 years to the ancient Greek physician Hippocrates and the famous oath named after him that includes a pledge to respect patients' privacy.

Related listings

  • Top EU court moves to restore Hamas terror listing

    Top EU court moves to restore Hamas terror listing

    Practice Focuses 07/23/2017

    The European Union’s top court ruled Wednesday that Islamic militant group Hamas should stay on the EU terror list, saying a lower court should not have ordered the group removed from the EU’s terror list, and sent the case back to the lo...

  • Local law firm welcomes two new additions

    Local law firm welcomes two new additions

    Practice Focuses 12/03/2010

    The law firm of Cunningham, Mitchell & Rocconi welcomes two attorneys, Elizabeth "Sissy" Rankin and Roman Hankins. Rankin returns to the firm after serving as a General Sessions and Juvenile Court judge in Montgomery County.Hankins returns to his...

  • David Boies Urges ABA Members

    David Boies Urges ABA Members

    Practice Focuses 08/09/2010

    David Boies challenged America’s lawyers to “bring the rule of law to its full fruition here in this country … to fulfill the goals and lofty rhetoric of our founding fathers,” as the keynote speaker at the Opening Assembly o...

New Rochelle, New York Personal Injury Lawyers

If you or a loved one has been injured in an accident, contact Kommer, Bave & Ollman, LLP, in New Rochelle, New York, immediately. We can answer all your questions and work with you to determine if you have the grounds for a personal injury lawsuit. The attorneys at our firm are determined to resolve even the most difficult of cases. We will work closely with you to determine the best course of action to get your claim or case resolved in the most efficient way possible. We will fight for your right to compensation! No one should have to suffer a financial burden from the result of another person’s carelessness. The attorneys at Kommer, Bave & Ollman, LLP will aggressively fight to ensure that justice is served on your behalf.