A Missouri Appellate Court held that a patient suing a healthcare provider for improperly accessing confidential information was not required to file an affidavit of merit. In Illinois, an affidavit of merit under Illinois Code of Civil Procedures,735 ILCS 5/2-622, is required in filing a medical malpractice lawsuit as is the case in Missouri.
In the related case, J.J., a minor, received inpatient treatment at Poplar Bluff Regional Medical Center. A facility employee, who was not involved in J.J.’s treatment, allegedly accessed his medical records and revealed to her daughter, a former girlfriend of J.J., that he was receiving inpatient treatment.
J.J. was a student. Other students at J.J.’s school learned of this information, leading to harassment and bullying.
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