The Michigan appeals court reversed a class-action lawsuit Friday, dismissing claims filed on behalf of 159 patients of Detroit-based Henry Ford Health Systems whose medical records were visible on the Internet by mistake.
The suit sought damages for negligence, breach of contract and invasion of privacy by public disclosure of embarrassing private facts, according to a court report. Typed notes from 2008 patient visits were searchable on Google after an unintentional error was made by a subcontractor of Henry Ford's transcription company. Information included patients' names, medical record number, date of visit, appointment location, physician name, summary of visit and diagnoses, according to the report. The lead plaintiff's records contained information regarding her sexually transmitted disease.
Henry Ford removed the patient records in early December 2009, but does not know how long the patient records were visible online. They provided a hotline for patients with exposed medical records. There is no evidence the records were viewed or used for identity theft, according to the report.
Three judges ruled invasion of privacy must be intentional and dismissed damages as speculative. The appeals court reversed class certification on the lawsuit in favor of Henry Ford Health Systems and their transcription company, according to the report.
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