Emily Byrne v. Avery Center for Obstetrics and Gynecology, P.c.

Summary

The court held that Connecticut common law recognizes a tort cause of action when a health care provider, without authorization and absent another legal justification, discloses confidential medical information obtained through the physician-patient relationship. A subpoena alone does not automatically authorize disclosure, particularly when the provider fails to follow applicable statutory, procedural, and regulatory safeguards. Because genuine issues of material fact existed concerning the defendant's manner of disclosure, the court reversed summary judgment and remanded. Justice Robinson, concurring, agreed with the result but emphasized that courts should recognize new common-law causes of action sparingly.