Harvin v. Yale New Haven Health Services Corp.

Citations

• 225 Conn. App. 171

Syllabus

The plaintiff, who previously had been convicted of various crimes in connec- tion with a drunk driving incident, sought to recover damages from, inter alia, the defendant hospital, L Co., for its alleged negligence in disclosing the plaintiff's confidential health information during his crimi- nal prosecution. The plaintiff claimed that L Co. unlawfully disclosed his health information by providing certain unspecified confidential health records to members of the Office of the Chief State's Attorney and, at his criminal trial, through the testimony of two of L Co.'s agents, a physician and a nurse who were employed by L Co. and who had treated the plaintiff following the incident. L Co. filed a motion to strike, which the trial court granted in part, striking all counts of the complaint against L Co. except those sounding in negligence per se and negligent infliction of emotional distress. Thereafter, L Co. filed a motion for summary judgment, arguing that it was entitled to summary judgment because, inter alia, any disclosure of the plaintiff's protected health information by L Co. or its agents was made in response to a valid subpoena and a court order. The trial court denied the motion, stating that L Co. did not provide an evidentiary foundation as to what information had been delivered, and in what manner, in response to the subpoena and court order. Thereafter, L Co. filed a motion to dismiss, arguing that the trial court lacked subject matter jurisdiction because L Co. had absolute immunity under the litigation privilege, as any alleged disclosures were made pursuant to a subpoena and a court order. The trial court denied the motion, determining that it lacked a sufficient evidentiary basis on which to determine whether the litigation privilege applied, and L Co. appealed to this court. Held: 1. The motion to dismiss should have been granted with respect to the remaining counts of the complaint to the extent that they were premised on the disclosure of the p