3-1 Moot Court Group Activity Discussion Topic

You will be placed in a moot court group by your instructor and assigned one of the following roles within your group: patient (plaintiff),

The scenario is as follows:

The defendant, Suzy Smith, was a patient at ABC Hospital for a week last September. The hospital staff sent a copy of her chart to her physicians personal email address, which was hacked. Ms. Smith is suing the hospital for a data breach, stating the hospital did not have her permission to send her chart to her physician.

From your assigned roles, your group will debate the following questions:
Who is liable in this scenario? Defend your role.
How can it be prevented from occurring again?
From your perspective, would this be considered a data breach? Why or why not?
From your perspective, should Ms. Smith be compensated for this? Why or why not?

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