Vigil v. Muir Medical Group IPA, Inc. (2022)
After a former employee downloaded private medical information of over 5,000 medical group patients, a patient filed a class action complaint against the group under California’s Confidentiality of Medical Information Act (CMIA). The trial court denied the class certification motion, and plaintiff appealed.
After a former employee downloaded private medical information of over 5,000 medical group patients, a patient filed a class action complaint against the group under California’s Confidentiality of Medical Information Act (CMIA). The trial court denied the class certification motion, and plaintiff appealed.
The Court of Appeal affirmed on grounds that a breach of confidentiality under the CMIA requires a showing that confidential medical information was “actually viewed” by an unauthorized party. As a result, the court held that breach of confidentiality under the statute is an individualized issue (i.e., whether an individual’s information was viewed by an unauthorized party as a result of the medical group’s negligence) that could not be established on a class-wide basis.
