Abdale v. N. Shore Long Island Jewish Health Sys., Inc. – Aug. 2015 (Summary)

HEALTH INFORMATION PRIVACY

Abdale v. N. Shore Long Island Jewish Health Sys., Inc., No. 2367/13 (N.Y. App. Div. Aug. 14, 2015)

The Supreme Court of Queens County, New York granted in part and denied in part a health system’s motion for summary judgment. The litigation arose when the health system allegedly failed to adequately protect the confidential, personal, and medical information of their current and former patients, which ultimately resulted in identity and medical identity data breaches. Thirteen patients alleged that they experienced repeated instances of identity theft since the data breach.

The patients’ complaint alleged 11 causes of action, including: negligence per se under five different statutes, breach of contract, breach of fiduciary duty, negligence, breach of the implied covenant of good faith and fair dealing, and misrepresentation. The court dismissed all but the negligence claim because of technical issues with the pleadings. The court refused to dismiss the negligence claim, holding that it was clear that the patients gave the system personal information, the patients were informed that their personal information would not be disclosed to third parties, and the patients sufficiently stated their injuries based on such disclosures.