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Expert Analysis

Calif. Case Limits Health Care Data Breach Claims

Law360, New York (December 2, 2013, 1:18 PM EST) -- The California Court of Appeal recently limited plaintiffs' ability to state a claim under the California Medical Information Act (CMIA), Cal. Civ. Code §§ 56 et seq., and their ability to get statutory damages under the act. Consistent with prior rulings in the data breach space, the court ruled that plaintiffs must plead and prove more than the mere allegation that a health care provider negligently maintained or lost possession of data, but rather that such data was in fact improperly viewed or otherwise accessed....

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