Where plaintiff alleged negligence per se and invasion of privacy based on the unauthorized access and disclosure of her medical records, but she failed to allege in her complaint that the disclosure was made by an employee or agent of defendant or “otherwise explain how [defendant] could be liable for the actions” of another legal entity, and she failed to address an independent ground for dismissal in her appeal, dismissal was affirmed.
In Prewitt v. Saint Thomas Health, No. M2020-00858-COA-R3-CV (Tenn. Ct. App. April 14, 2021), plaintiff filed a pro se complaint against defendant Saint Thomas Health asserting claims for negligence per se and invasion of privacy. Plaintiff’s complaint alleged that she was treated and gave birth at a hospital owned and operated by defendant, and that the father of the child subsequently obtained information about the child’s birth from the hospital. Specifically, the complaint read: “[T]he plaintiff received documents that included the date of her Cesarean section that took place at Defendant Saint Thomas’ hospital. The information had apparently been disseminated and obtained by a violent and abusive man.”