May v. Dartmouth Hitchcock Med. Ctr.,
No. Civ. 02-371-B (D.N.H. June 24, 2003)

A federal district court in New Hampshire granted partial summary judgment to a hospital in a dispute involving the disclosure of privileged information. A patient receiving psychiatric treatment brought suit after a hospital employee disclosed privileged information regarding the condition and treatment of the patient to the patient's family and friends at a private function. The patient argued that the hospital was directly and vicariously liable for failing to properly train and supervise the employee. The hospital moved for summary judgment, arguing it was not directly liable because New Hampshire has not recognized a cause of action for improper disclosure. In addition, the hospital contended that it was not vicariously liable for the employee's improper disclosures because the employee was not acting within the scope of employment at the time the improper disclosures were made. The court denied summary judgment to the hospital on the direct liability claim, rejecting the hospital's argument that, when faced with an improper disclosure claim, the New Hampshire Supreme Court would not recognize it. However, the court granted summary judgment to the hospital on the vicarious liability claim. The court held that the vicarious liability claim failed because the information was disclosed outside the employee's scope of employment.