Sutter Health Data Breach Suit Plaintiffs Fail to Allege Medical Records Were Viewed

Patients whose medical records were stolen haven’t stated a cause of action under California’s Confidentiality of Medical Information Act against health-care provider Sutter Health because they failed to allege that their information was viewed by an unauthorized individual, the California Court of Appeal, Third Appellate District, held (Sutter Health v. Superior Court of Sacramento Cnty., Cal. Ct. App., C072591, 7/21/14).

“The plaintiffs failed to state a cause of action under the Confidentiality Act because they failed to allege a breach of confidentiality,” Acting Presiding Justice George Nicholson wrote on July 21. “The mere possession of the medical information ...