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Hayden v. Franciscan All., Inc.

Court of Appeals of Indiana

August 19, 2019, Decided; August 19, 2019, Filed

Court of Appeals Case No. 18A-CT-1777

Opinion

 [*688]  Mathias, Judge.

P1 Franciscan Alliance, Inc. ("Franciscan") filed a motion for summary judgment on the issues of respondeat superior and negligent hiring and retention of an employee on April 5, 2018. Marion Superior Court granted summary judgment for Franciscan on July 6, 2018. Leslie Hayden ("Hayden") now appeals, arguing there are issues of material fact that preclude summary judgment. We affirm.

Facts and Procedural History

P2 On November 18, 2013, Hayden had x-rays taken at St. Francis Hospital's Radiology Department for a broken arm. Appellant's App. Vol. III, pp. 54-56. Two years later, in 2015, Jessica Hensley ("Hensley") texted a screenshot of Hayden's confidential medical records to Hayden's boyfriend, and posted the records on Facebook. Id. at 53; Appellant's App. Vol. I, p. 137. Hayden recalled [**2]  that Brooke Collins ("Collins"), Hensley's best friend, worked as a registrar in the St. Francis Hospital Radiology Department, where Hayden received treatment in 2013. Appellant's App. Vol. III, p. 59. Hayden had a complex and acrimonious relationship with Hensley and Collins that dated back to high school. Appellant's App. Vol. I, pp. 125, 128, 149.

P3 Hayden contacted the hospital's Administrative Director of Compliance and Privacy in July 2015 to ask for an audit of her medical account. Appellant's App. Vol. [*689]  III, pp. 57, 163. The hospital found that Collins's password was used to access Hayden's account on November 29, 2013, eleven days after Hayden received treatment for her broken arm. Appellant's App. Vol. I, pp. 81-82. Hayden was not a patient of Franciscan on November 29 when Collins's password was used to access her account. Franciscan concluded that Collins's access was unauthorized and improper. Appellant's App. Vol. III, p. 191. Collins has since admitted to accessing Hayden's private patient information on November 29, 2013. Appellant's App. Vol. IV, p. 84.

P4 On November 25, 2015, Hayden brought suit against Hensley, Collins, and Franciscan. A fourth defendant, Southside [**3]  OB-GYN, P.C. was also named but later dismissed by stipulation. Appellant's App. Vol. I, p. 11. Hayden alleged (I) respondeat superior against Franciscan for the acts of Collins, (II) negligence against Franciscan in failing to have appropriate prophylactic structures and systems in place to safeguard private patient information, (III) Health Insurance Portability Accountability Act ("HIPAA") violations against St. Francis, and (IV) negligence, invasion of privacy & public disclosure of private facts against Collins and Hensley for accessing, reviewing, and disseminating Hayden's private and confidential medical records.

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131 N.E.3d 685 *; 2019 Ind. App. LEXIS 374 **; 2019 WL 3885406

Leslie D. Hayden, Appellant-Plaintiff, v. Franciscan Alliance, Inc.,1 Appellee-Defendant.

Subsequent History: Transfer denied by Hayden v. Collins, 2020 Ind. LEXIS 36 (Ind., Jan. 9, 2020)

Prior History:  [**1] Appeal from the Marion Superior Court. The Honorable Michael D. Keele, Judge. Trial Court Cause No. 49D07-1511-CT-39310.

CORE TERMS

patient, summary judgment, medical record, training, Confidential, hiring, accessing, argues, background check, privacy, respondeat superior, confidentiality agreement, disqualifying, supervised, retention, records, vicarious liability, trial court, unauthorized, compliance, customers, genuine issue of material fact, monitoring, pharmacist, designate, arrests, reasons, servant

Civil Procedure, Judgments, Summary Judgment, Entitlement as Matter of Law, Appeals, Summary Judgment Review, Standards of Review, Torts, Employers, Scope of Employment, Factors, Vicarious Liability, Scope of Employment, Evidence, Types of Evidence, Judicial Admissions, Admissions During Trials, Pleadings, Negligence, Elements, Breach of Duty, Duty, Causation, Proximate Cause, Business Torts, Negligent Hiring, Retention & Supervision, Elements