Florida Dept. of Corrections v. Abril

Summary

The Supreme Court of Florida held that a healthcare laboratory or provider may be liable in negligence for unlawfully disclosing confidential HIV test results. The court concluded that violations of Florida statutory confidentiality provisions may constitute evidence of negligence and that the impact rule does not bar recovery for emotional distress arising from negligent disclosure of HIV test information. The court approved the Second District Court of Appeal's decision reversing dismissal of the action and answered the certified question in the negative.

Holdings

1. An entity that negligently and unlawfully violates a patient's confidentiality and privacy by disclosing the patient's HIV test results may be held liable in a civil negligence action for damages caused by the unlawful disclosure.
2. Florida's impact rule does not bar recovery of emotional-distress damages for a laboratory's or other health-care provider's negligent failure to maintain the confidentiality of HIV test results, even absent physical impact or injury.

Questions Presented

1. Whether the complaint stated a cognizable negligence or medical-malpractice claim based on the negligent disclosure of confidential HIV test results.
2. Whether Florida's impact rule barred recovery of emotional-distress damages when the alleged negligent disclosure caused no physical impact or physical injury.
3. Whether section 381.004(3)(f), Florida Statutes, supplied evidence of a duty of confidentiality and reasonable care in handling HIV test results.

Disposition

approved