Byrne v. Avery Center for Obstetrics & Gynecology, P.C.Annotate this Case
A duty of confidentiality arises from the physician-patient relationship, and unauthorized disclosure of confidential information obtained in the course of that relationship for the purpose of treatment gives rise to a cause of action sounding in tort against the health care provider, unless the disclosure is otherwise allowed by law.
The Supreme Court reversed the judgment of the trial court entering judgment in favor of Defendant, Avery Center for Obstetrics and Gynecology, P.C., on Plaintiff’s claims of negligence and negligent infliction of emotional distress. On appeal, Plaintiff argued that the trial court erred in granting summary judgment in favor of Defendant on these counts because the court improperly concluded that Defendant, as a health care provider, owed Plaintiff no duty of confidentiality. The Supreme Court agreed, holding that there was a genuine issue of material fact as to whether Defendant violated the duty of confidentiality under the facts of this case.