UPenn Hospital Escapes Suit Over Mishandling Records

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By Mike Curley (October 27, 2021, 12:40 PM EDT) — A Pennsylvania appeals court has thrown out a woman’s suit alleging that the Hospital of the University of Pennsylvania mishandled her records, saying she hasn’t identified a duty the hospital breached that gives her standing to sue.

In an opinion filed Tuesday, the three-judge panel affirmed the dismissal of Carrie Bailey’s suit, saying that the only duty she’s identified stems from the Health Insurance Portability and Accountability Act of 1996, which does not create a private cause of action, and she hasn’t identified any common law duty for a hospital to protect her records.

According to the suit, Bailey’s results from…

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