This report originally appeared in the January 2010 issue of DOTmed Business News.
A class action lawsuit has been filed against Aurora Health Care, with the plaintiffs claiming the company revealed patients' health care records in its bankruptcy filing. The complaint was filed in Milwaukee County Circuit Court. The plaintiffs are seeking $25,000 in damages per lawsuit member.
The complaint states that the two named plaintiffs filed federal Chapter 13 bankruptcy petitions, which are public records. In response to the bankruptcy petitions, Aurora allegedly filed Proofs of Claim with attachments that revealed the plaintiffs' private medical records and treatment. In revealing the information, the plaintiffs say Aurora exposed them to emotional embarrassment, medical identity theft and identify theft.
The complaint claims that the U.S. District Court for the Eastern District of Wisconsin had issued procedural orders prohibiting disclosures of personal identifiers including medical records. The complaint states a cause of action under Wisconsin statute 146.82 for breach of patient confidentiality in that the statute imposed a duty to keep all patient health care records confidential. The plaintiffs allege that Aurora was sued previously on similar claims, and settled out of court.
