ALBANY, N.Y. (AP) — While he's identified only as John Doe in court papers, the man's treatment for a sexually transmitted disease was revealed by a nurse at an upstate New York medical facility to someone who knew his real name — his girlfriend, who was also the nurse's sister-in-law.
Now an attorney for the man is urging New York's top court to find he has a right to sue Guthrie Clinic Steuben in Corning for the 2010 violation of his privacy rights. The clinic fired the nurse within days.
A federal judge dismissed Doe's lawsuit, concluding the clinic wasn't liable for the nurse's actions outside her duties.
A lawyer for the clinic tells the Court of Appeals that no other courts have found medical corporations strictly liable for such unauthorized disclosures.