Pursuant to a settlement agreement reported earlier this week, UCLA Health Systems will pay $865,500 because of hospital employees accused of snooping in the medical records of two of celebrities.  According to a news story by KTLA, the complaints cover a period from 2005 to 2009, during which hospital employees were fired for improperly accessing the medical records of dozens of celebrities.  Citing the Los Angeles Times as their source of information, KTLA reported that those celebrities included Britney Spears, Farrah Fawcett and former California First Lady Maria Shriver.

See the KTLA news story HERE.

Under California law, in order to state a cause of action for invasion of privacy, a party must establish (1) a legally protected privacy interest, (2) a reasonable expectation of privacy in the records, (3) a serious invasion of the privacy interest, and (4) damages caused by the invasion of the privacy interest.  In general, medical records are considered highly sensitive materials that fall within the scope of the right to privacy.  However, the constitutional right to privacy is not absolute, and it may be outweighed by supervening concerns.  For example, when the state of California has enough of an interest in discovering the truth in legal proceedings, it may compel disclosure of confidential material.   This sometimes comes up in the context of criminal and child custody proceedings in which a litigant’s medical history or condition is regarded as important to the outcome.  However, as in the case above, when the motivation is “snooping” and is committed by a private individual or entity, there is rarely a defense to the intrusion and the issue becomes one of damages.  With regard to disclosure of medical records, under certain Civil Code Sections (referred to as the Confidentiality of Medical Information Act) nominal damages are recoverable regardless of whether there was actual harm to the patient.

Compensation for the victims of  privacy violations should be an important concern for all Californians.  When an individual or entity discloses private medical information in violation of the law, they should be held civilly responsible.  An Orange County personal injury attorney with experience at handling such cases can make a fair assessment of these claims.  The first step in recovering compensation for the victim is to seek appropriate representation.  Mr. Ralph has 20 years years of experience handling personal injury and privacy cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you been the victim of an invasion of privacy?

  • Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.