Summary
The Washington Supreme Court considers whether a patient may pursue a claim under chapter 7.70 RCW for a physician’s unauthorized disclosure of confidential health information, rather than being limited to the remedies in the Uniform Health Care Information Act. The court holds that such a cause of action may arise when the disclosure occurs as part of health care, but concludes that expert medical testimony was required to establish causation of the plaintiff’s emotional distress given her preexisting medical conditions. The court also holds that objectively verifiable symptoms are not required for this claim because it is not an action for negligent infliction of emotional distress.
Holdings
- The Uniform Health Care Information Act is not the sole or exclusive remedy for unauthorized disclosure of a patient's confidential information.
- Chapter 7.70 RCW supports a cause of action for a physician's unauthorized disclosure of confidential information when the injury results from health care and the disclosure occurs while the physician is using professional skills to examine, diagnose, treat, or care for the patient.
- Under the particular facts of this case, expert medical evidence was essential to establish causation of Berger's emotional distress because the cause of her symptoms was not readily observable by laypersons.
- Berger was not required to establish objectively verifiable symptoms to prove emotional-distress damages under chapter 7.70 RCW because she did not assert negligent infliction of emotional distress.
Questions Presented
- Whether the Uniform Health Care Information Act, chapter 70.02 RCW, provides the exclusive remedy for a physician's unauthorized disclosure of confidential patient information.
- Whether chapter 7.70 RCW provides a cause of action for unauthorized disclosure of confidential information obtained by a physician in the physician-patient relationship.
- Whether expert medical evidence was required to establish causation of Berger's alleged emotional distress under chapter 7.70 RCW.
- Whether objectively verifiable symptoms were required to support Berger's emotional-distress claim under chapter 7.70 RCW.
Disposition
reversed
Cases Cited (29)
- Caughell v. Group Health Co-op of Puget Sound, 124 Wn. 2d 217, 233, 876 P.2d 898 (1994)(followed)
- Folsom v. Burger King, 135 Wn. 2d 658, 663, 958 P.2d 301 (1998)(followed)
- Lamon v. McDonnell Douglas Corp., 91 Wn. 2d 345, 349, 588 P.2d 1346 (1979)(followed)
- Mt. Park Homeowners Ass'n v. Tydings, 125 Wn. 2d 337, 341, 883 P.2d 1383 (1994)(followed)
- Syrovy v. Alpine Res., Inc., 122 Wn. 2d 544, 548 n.3, 859 P.2d 51 (1993)(followed)
- Taggart v. State, 118 Wn. 2d 195, 199, 822 P.2d 243 (1992)(followed)
- W. Telepage, Inc. v. City of Tacoma, 140 Wn. 2d 599, 607-609, 998 P.2d 884 (2000)(followed)
- Enter. Leasing, Inc. v. City of Tacoma, 139 Wn. 2d 546, 551, 988 P.2d 961 (1999)(followed)
- State v. McCraw, 127 Wn. 2d 281, 288, 898 P.2d 838 (1995)(followed)
- Sidis v. Brodie/Dohrmann, Inc., 117 Wn. 2d 325, 329, 815 P.2d 781 (1991)(followed)
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