Robley v. Blue Cross/Blue Shield of Miss.


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Docket Number: 2003-CA-02209-COA
Linked Case(s): 2003-CT-02209-SCT2003-CT-02209-SCT2003-CA-02209-COA
Oral Argument: 03-16-2005
 

 

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Court of Appeals: Opinion Link
Opinion Date: 06-21-2005
Opinion Author: ISHEE, J.
Holding: Reversed and Remanded

Additional Case Information: Topic: Breach of fiduciary duty of confidentiality - Emotional distress
Judge(s) Concurring: KING, C.J., BRIDGES AND LEE, P.JJ., MYERS, CHANDLER, AND BARNES, JJ.
Non Participating Judge(s): GRIFFIS, J.
Dissenting Author : IRVING, J.
Procedural History: DIRECTED VERDICT
Nature of the Case: CIVIL - OTHER

Trial Court: Date of Trial Judgment: 09-05-2003
Appealed from: Harrison County Circuit Court
Judge: Jerry O. Terry, Sr.
Disposition: BLUE CROSS BLUE SHIELD’S MOTION FOR DIRECTED VERDICT GRANTED.
Case Number: A2402-99-00016

  Party Name: Attorney Name:  
Appellant: CHERYL ROBLEY, PH.D.




PAUL J. DELCAMBRE



 

Appellee: BLUE CROSS/BLUE SHIELD OF MISSISSIPPI JAMES ALTUS MCCULLOUGH, CHERI D. GREEN, WHITNEY MORGAN STONE  

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Topic: Breach of fiduciary duty of confidentiality - Emotional distress

Summary of the Facts: Dr. Cheryl Robley filed suit against Blue Cross/Blue Shield of Mississippi claiming damages for failure by Blue Cross to maintain their duty of confidentiality of medical information in their possession relating to Dr. Robley. The court granted a directed verdict in favor of Blue Cross, and Dr. Robley appeals.

Summary of Opinion Analysis: Issue 1: Breach of fiduciary duty of confidentiality Dr. Robley argues that the terms of the subscriber’s agreement expressly create a duty of confidentiality that became fiduciary in nature through the contract. The provisions of the subscriber’s agreement in this case created a fiduciary relationship between Blue Cross and Dr. Robley that required Blue Cross to evince a high degree of care as to the dissemination of Dr. Robley’s medical information. A release of this information to the wrong person or wrong organization could cause embarrassment to the patient, and could possibly be the subject of a lawsuit for damages. The issue of whether an employee of Blue Cross breached the duty of confidentiality requires a weighing of the testimony presented at trial, a task which falls within the province of the jury. Issue 2: Emotional distress Dr. Robley argues that if it is found that Blue Cross did indeed breach its fiduciary duty of confidentiality, then Dr. Robley may pursue damages for intentional emotional distress. The disclosure of sensitive medical information about a person, even if true, constitutes an actual wrong and it is not unreasonable to foresee that a person would be injured by the release of such information. Taken in the light most favorable to Dr. Robley, sufficient proof of her alleged injuries was presented at trial to present a jury question. Sufficient evidence existed at trial of a causal connection between the release of Dr. Robley’s confidential information and her alleged injuries to allow her cause to survive Blue Cross’s motion for directed verdict.


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