Missouri Court of Appeals, Eastern District / Sep 26, 2023
J.J., by and through Next Friend, C.W., Appellant, v. Poplar Bluff Regional Medical Center, L.L.C., Respondent.
J.J., a minor, sued Poplar Bluff Regional Medical Center (PBRMC) after an employee, not involved in his treatment, accessed and disclosed his protected health information, leading to harassment. The trial court dismissed J.J.'s claims for failure to file an affidavit of merit under Section 538.225.1, which applies to actions against healthcare providers for damages from health care services. The appellate court reversed, holding that J.J.'s claims for breach of confidentiality did not stem from the rendering of health care services involving professional medical judgment, and thus, the affidavit requirement was inapplicable.