Torts – Medical records – unlawful disclosure

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Torts
Medical records; unlawful disclosure

Shauna Lueder appeals a civil judgment that ordered her to pay Rebecca Kniess $14,092 in damages pursuant to Wis. Stat. § 146.84(1)(b) (2009-10) for obtaining and disclosing information from Kniess’s confidential patient health care records. Lueder does not contest the underlying factual allegations of the complaint—namely that she obtained Kniess’s health care records by forging Kniess’s signature on a medical release form, and subsequently disclosed information from those records to other persons. Lueder raises a purely legal argument that § 146.84(1)(b) should be interpreted to provide civil liability only for health care providers or records custodians. For the reasons discussed below, we reject Lueder’s contention and affirm the judgment against her. This opinion will not be published.

2010AP1373 Kniess v. Lueder

Dist IV, Jefferson County, Erwin, J., Per Curiam

Attorneys: For Appellant: Zick, Vicki, Johnson Creek; For Respondent: Gahnz, Dixon R., Madison; Bjork, Levi J., Madison

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