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Summary Judgment in Breach of Privacy Case

December 9, 2013

Wade Copeland and Lee Gutschenritter obtained summary judgment in favor of a physicians group arising out of allegations that it failed to properly monitor and prevent a nurse anesthetist from surreptitiously and illegally video taping the plaintiff while she was nude on the operating table. The evidence showed that the nurse anesthetist, who is now in prison serving a life sentence, had secretly recorded as many as a hundred patients during surgeries at various healthcare facilities throughout metro Atlanta by using a cell phone video camera hanging from a lanyard around his neck. The court granted summary judgment to the physicians group after concluding that the nurse anesthetist’s illegal conduct was not foreseeable as a matter of law and that the plaintiff’s expert’s opinions that the physicians group had done anything wrong and violated the standard of care was not supported by any evidence.

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