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Shielding Of Clinic In NY Gossip Case Spurs Privacy Worries

Law360, New York (January 9, 2014, 7:36 PM EST) -- New York's top court declined Thursday to hold a health clinic financially responsible after a nurse humiliated a patient by allegedly gossiping about his sexually transmitted disease, a ruling that left some experts — and a dissenting judge — lamenting a lost chance to force the medical industry to improve privacy practices.

In a 6-1 ruling penned by New York State Court of Appeals Judge Eugene F. Pigott, the court said New York common law does not impose strict liability on a medical business for a breach of the fiduciary duty of confidentiality when the employee responsible for the breach is...

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