Roe v. Planned Parenthood Southwest Ohio Region

Summary

The Supreme Court of Ohio held that the balancing test from Biddle v. Warren General Hospital provides a defense to liability for unauthorized disclosure of confidential medical information but does not create a right to discover confidential medical records of nonparties. It also held that R.C. 2151.421(M) creates a substantive right and could not be applied retroactively, and that punitive damages were unavailable under former R.C. 2151.421 absent statutory authority. The court affirmed the judgment of the Court of Appeals for Hamilton County.

Holdings

1. The balancing test in Biddle v. Warren General Hospital applies only as a defense to the tort of unauthorized disclosure of confidential medical information; it does not create a litigant's right to discover confidential medical records of nonparties in a private lawsuit.
2. Redaction of personal identifying information does not remove the privileged status of confidential medical records or child-abuse reports.
3. R.C. 2151.421(M) affects a substantive right, and its retroactive application would violate due process.
4. In the absence of statutory authority, punitive damages are not available for violating former R.C. 2151.421.
5. The Roes could not discover reports of other incidents of abuse under former R.C. 2151.421 because that version of the statute contained no applicable exception for discovery in this private civil action.

Questions Presented

1. Whether the balancing test in Biddle v. Warren General Hospital creates a right to discover confidential medical records of nonparties in a private lawsuit.
2. Whether redaction of identifying information removes the privileged or confidential status of nonparty medical records and child-abuse reports.
3. Whether the 2008 amendments to R.C. 2151.421, including division (M), could be applied retroactively to authorize damages and discovery in this pending action.
4. Whether punitive damages were available under former R.C. 2151.421 in the absence of express statutory authorization.

Disposition

affirmed