Patient Confidentiality
Walker v. Firelands Cmty. Hosp.,
No. E-03-009 (Ohio Ct. App., Feb. 13, 2004)
The
Ohio Court of Appeals unanimously ruled in favor of a hospital in a patient
confidentiality case. The appeals court overturned the ruling of a lower court
to require the hospital to provide to a law firm a list of patients deemed by
the law firm as potential plaintiffs in its class action suit against the hospital,
alleging that the hospital mishandled fetal tissues from miscarriages.
The appeals court held that a hospital cannot be compelled to disclose medical records without the patient's consent. Patients' medical records are protected and the unauthorized release of patient information is generally prohibited under both state and federal law. The appeals court cited other ways the law firm could identify class members and obtain consent, such as by publishing a notice in local newspapers.