Court Upholds Dismissal of Negligence Claim Against Anesthesia Group
The Oregon Appeals Court upheld the dismissal of a claim brought by former patients against an anesthesia group stemming from a data breach of the personal information of at least 750,000 patients. The breach led to the fraudulent use of the lead plaintiff’s debit account information and posed a risk of identity theft.
The complaint alleged that the anesthesia group had a duty to implement reasonable security measures based on state and federal law. In upholding the dismissal of the lawsuit, the court found that the plaintiffs had failed to establish a special relationship or statutory duty that would allow recovery for economic losses due to the data breach. Eldred v. Oregon Anesthesiology Group, P.C.