Professional Negligence Law Reporter

Byrne v. Avery Ctr. for Obstetrics & Gynecology, P.C., FBT-CV07-6001633 S (Conn. Jud. Dist. Ct. Fairfield Cnty. Dec. 5, 2018).

Emily Byrne was a patient at the Avery Center for Obstetrics and Gynecology. During a paternity action between Byrne and her former boyfriend, the boyfriend’s attorney subpoenaed Byrne’s medical records from the Avery Center, which sent Byrne’s entire medical chart to the attorney. This enabled the former boyfriend to view Byrne’s medical records. As a result of this exposure, Byrne claims she was harassed by her former boyfriend, resulting in emotional distress and post-traumatic stress disorder. Byrne filed suit against Avery Center, alleging negligent release of confidential medical information. The plaintiff alleged that the defendant should have refused to send the records, sought her authorization before sending them, or asked a court to limit the scope of the requested disclosure. The plaintiff asserted that the disclosure had a significant impact on her due to past childhood trauma.

The jury awarded $853,000.

Plaintiff counsel: Bruce Elstein, Trumbull, Conn.
Plaintiff experts: David Brosell, counseling, Northfield, Vt.; and Michele Reed, social work, Waterbury, Vt.
Defense expert: Robert Killian, probate court procedures, Hartford, Conn.