Matthew Green Analyzes Rising Trends in Healthcare Data Breach Lawsuits
In an article for Health IT Security published on August 16, 2024, Matthew Green, partner and Deputy Chair of Obermayer’s Litigation Department, discussed the rising trend of healthcare data breach lawsuits. He attributed the increase to the consolidation of healthcare providers, which results in fewer entities holding more patient data, making breaches more impactful. Matthew emphasized the importance of thorough risk assessments during mergers and acquisitions to ensure robust data protection practices.
“Years ago, there were a lot more mom-and-pop providers, and they have joined forces, and now you have these huge conglomerates, you have private equity and massive amounts of consolidation, resulting in a smaller number of entities holding a larger amount of people’s information. And that is just going to make the issue explode,” Matthew stated.
Matthew noted that healthcare data breach lawsuits often hinge on negligence claims due to the lack of a private right of action under HIPAA.
“The main issues on the negligence claims, especially when you’re filing up front, is the standing issue or the damage issue,” Matthew noted. “In order to prove a negligence claim, you have to show that they had a duty to protect this information, and that there was damage resulting.”
Matthew also emphasized the importance of partnering with reliable vendors and securing cyber insurance to mitigate risks and costs.
“Each case is unique, so there’s no one-size-fits-all approach,” Matthew noted, explaining that different breaches require tailored legal strategies.
Read the full article here.
