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Home / Case Digests / Second Circuit — Doctor-Patient: Doe v. Guthrie Clinic Ltd.

Second Circuit — Doctor-Patient: Doe v. Guthrie Clinic Ltd.

U.S. Court of Appeals for the Second Circuit

Doctor-Patient

Duty of Confidentiality — Non-physician Employee

Doe v. Guthrie Clinic Ltd.
12-1045-cv
Judges Chin, Lohier and Droney

Background: The plaintiff appealed from the dismissal of its claim for breach of the fiduciary duty of confidentiality arising from a non-physician employee’s unauthorized disclosure of the plaintiff’s confidential medical information.

Ruling: The Second Circuit affirmed. The court had certified a question to the New York State Court of Appeals, in which it held that the common law right of action for breach of the fiduciary duty of confidentiality for the unauthorized disclosure of medical information may not run directly against a medical corporation, where the employee responsible for the breach is not a physician and acts outside the scope of her employment.

T. Andrew Brown and Joseph A. Gawlowicz of Brown & Hutchinson for the plaintiff-appellant; Martha Brockway Stolley of Morgan, Lewis & Bockius for the defendants-appellees