Connecticut court takes up doctor-patient confidentiality

Lawyer News

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

  • US court ruling could bring more suits over Nazi-looted art

    US court ruling could bring more suits over Nazi-looted art

    Lawyer News 04/05/2017

    The heirs of Nazi-era Jewish art dealers have spent nearly a decade trying to persuade German officials to return a collection of medieval relics valued at more than $250 million. But they didn't make much headway until they filed a lawsuit in an Ame...

  • Driver due in court in Cleveland officer's hit-and-run death

    Driver due in court in Cleveland officer's hit-and-run death

    Lawyer News 01/25/2017

    The driver accused in the fatal hit-and-run of a Cleveland patrolman on an interstate is set to appear in court. Forty-four-year-old Israel Alvarez, of Lorain, was scheduled for arraignment Thursday morning on charges of aggravated vehicular homicide...

  • Greek court rejects extradition for Turkish servicemen

    Greek court rejects extradition for Turkish servicemen

    Lawyer News 01/24/2017

    Greece's Supreme Court on Thursday rejected an extradition request for eight Turkish servicemen who fled their country by helicopter after a coup attempt. Presiding judge Giorgos Sakkas, reading out the decision, said the servicemen were unlikely to ...

Grounds for Divorce in Ohio - Sylkatis Law, LLC

A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party

Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party

However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.

Business News

St Peters, MO Professional License Attorney Attorney John Lynch has been the go-to choice for many professionals facing administrative sanction. >> read