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Protected Health Information Sutter Health

Carlton Fields

Protections Governing Theft and Publication of Medical Records

Carlton Fields on

As instances of medical data breaches increase, U.S. courts are interpreting the scope of liability stemming from them. In California, the court in Sutter Health et al. v. The Superior Court of Sacramento County (Atkins) held...more

Cozen O'Connor

California Health Care Providers Successfully Ward Off Data Breach Lawsuits

Cozen O'Connor on

In a pair of recent cases, two California health care providers successfully warded off lawsuits arising from unauthorized data breaches of patient files. These cases illustrate that improper disclosure of electronically...more

Pillsbury Winthrop Shaw Pittman LLP

No Harm, No Foul – Appellate Court Finds No CMIA Claim Without Actual Injury

California’s Confidentiality of Medical Information Act, Cal. Civ. Code § 56 et seq. (“CMIA”), provides that an individual may recover $1,000 nominal damages (plus actual damages if any) based on the negligent release of...more

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