Decision by Kansas Court of Appeals says that healthcare providers are not required to keep medical records confidential under common law
KANSAS CITY, Kan. -- A decision by the Kansas Court of Appeals says that healthcare providers are not required to keep your medical records confidential under common law.
The decision stems from a lawsuit against the University of Kansas Medical Center.
The lawsuit says that a female patient went to the JayDoc Free Clinic in April 2021. The patient agreed to let two medical students join the exam.
The doctor performed a pelvic exam, when the patient told their attorney, Maureen Brady, that they heard the click of a camera.
"She said, ‘have you taken a picture?’ and the doctor said, ‘yes. I took a picture, and I texted it to these two medical students.’ And my client said, ‘hey, I didn't give you permission to do that.’ And she goes, ‘that's OK, I'll send it to you!’”
The patient did not allege that the photo identified her or was shared beyond the doctor and medical students. She also did not allege that the photo was not medically necessary.
“She worked in the medical field,” Brady said about the patient. “So, she knew that this was not an alright form of maintaining privacy.”
Court documents obtained by FOX4 say that the patient “was a recovering sexual assault survivor and the actions of the doctor caused her to suffer, among other injuries, loss of privacy, loss of medical expenses, loss of trust, loss of confidentiality, embarrassment, humiliation, emotional distress and loss of enjoyment of life.”
The lawsuit, first heard in Wyandotte County District Court, was dismissed upon the request of The University of Kansas Medical Center.
Brady appealed the decision and the Kansas Court of Appeals agreed with the district court. The court said in their decision, “the district court correctly found that Kansas does not recognize a duty by a healthcare provider to safeguard, protect, and maintain the confidentiality of a patient’s medical records.”
“They're basically telling her she has no right of privacy,” Brady said. “It's shocking to me that this duty would be somehow overlooked by the courts of this state. My client was absolutely devastated, and she was just so shocked.”
Brady told FOX4 that she plans to appeal the decision to the Kansas Supreme Court.
“Because patients are going to say, gosh, if I tell the most deepest, darkest secrets to my health care provider and they disclose it, I'm screwed. There’s nothing I can do," Brady said.
FOX4 connected with the University of Kansas Medical Center for comment on this story and are expecting a statement from them on Thursday.
