United States Second Circuit

Judgment dismissing, among other things, a claim for breach of the fiduciary duty of confidentiality arising from a non-physician employee's unauthorized disclosure of plaintiff's confidential medical information, is affirmed, where the New York Court of Appeals answered the certified question as follows: under New York law, the common law right of action for breach of the fiduciary duty of confidentiality for the unauthorized disclosure of medical information may not run directly against a medical corporation, where the employee responsible for the breach is not a physician and acts outside the scope of her employment.

Appellate Information

• Decided 01/27/2014
• Published 01/27/2014

Judges

• PER CURIAM

Court

• United States Second Circuit

Counsel