D.E.W. v. Krouse

D.E.W. appeals the trial court’s entry of final summary judgment in favor of Neal F. Krouse, D.O. We affirm because D.E.W. did not have a cause of action for medical malpractice based on a breach of confidentiality where there was no evidence of any disclosure.

The facts are recounted in the light most favorable to D.E.W., the non-moving party. D.E.W., who is HIV positive, was admitted to the hospital for treatment of a kidney infection. Her mother brought D.E.W.’s two minor daughters, who were unaware of D.E.W.’s HIV-positive status, for a visit. While the family members were in the room, Dr.…