Please ensure Javascript is enabled for purposes of website accessibility

Invasion of Privacy

By: Derek Hawkins//July 10, 2019//

Invasion of Privacy

By: Derek Hawkins//July 10, 2019//

Listen to this article

WI Court of Appeals – District IV

Case Name: G.W. Buckeridge, et al. v. University of WI Hospital, et al. 

Case No.: 2018AP791; 2019AP250

Officials: Blanchard, Kloppenburg, and Fitzpatrick, JJ.

Focus: Invasion of Privacy

G.W. Buckeridge and eighteen other named patients (collectively, “the Buckeridges”) of the University of Wisconsin Hospital and Clinics Authority UW Health (UW Health) appeal an order and a judgment that dismissed the Buckeridges’ claims against UW Health and Kila Lucey. The Buckeridges contend that UW Health violated the confidentiality statute, WIS. STAT. § 146.82, when it failed to prevent Lucey from accessing their patient medical records without authorization or consent. They argue that § 146.82 imposes liability on a health care provider for an employee’s unauthorized access to patient health care records, regardless of whether there is subsequent disclosure. We conclude that our decision in Wall v. Pahl, 2016 WI App 71, ¶12, 371 Wis. 2d 716, 886 N.W.2d 373, compels a result contrary to the Buckeridges’ position. The Buckeridges also contend that Lucey and UW Health are liable for invasion of privacy under WIS. STAT. § 995.50(2)(a) for Lucey’s accessing their patient health care records without authorization or consent. They assert that health care records are private “places” under § 995.50(2)(a). On this issue, we conclude that our decision in Hillman v. Columbia County, 164 Wis. 2d 376, 474 N.W.2d 913 (Ct. App. 1991), compels a result contrary to the Buckeridges’ position. We affirm.

Full Text


Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests