Business Law Health Law Committee

Plaintiffs seeking nominal statutory damages under the Confidentiality of Medical Information Act may demand a jury trial. Patient Robert Brown owed a debt to his dentist. The dentist referred the debt to a collection agency owned by Stewart Mortenson, which allegedly transmitted confidential medical information to several consumer credit reporting agencies. Brown sued Mortenson for violating the 2013 version of the Confidentiality of Medical Information Act (CMIA) (Civ. Code, §§ 56 et seq.). The trial court denied Brown’s request for a jury trial on his CMIA claims for nominal statutory damages and attorney fees. Read more