[APPEALS] Cahill, et al. v. Davis, et al., 23A-PL-1682

Charity Davis ("Charity") was an employee of Baptist Healthcare System, Inc., and Baptist Health Medical Group, Inc. (collectively "Baptist"). In January 2019, Baptist informed Kenneth Scott Davis and Nina Cahill (collectively, "Plaintiffs") that Charity inappropriately accessed their medical files during 2017 and 2018. Plaintiffs filed proposed medical malpractice complaints against Baptist with the Indiana Department of Insurance and filed tort actions against Charity in Floyd Circuit Court. In 2022, Plaintiffs moved to amend their complaints in Floyd Circuit Court to add Baptist as a defendant. The trial court granted Plaintiffs' motions to amend, but then granted summary judgment to Baptist based on Plaintiffs' failure to file their negligence actions against Baptist within the two-year statute of limitations. On appeal, Plaintiffs argue: (1) the trial court erred by granting summary judgment to Baptist because their timely filing of the proposed medical malpractice complaints against Baptist tolled the statute of limitations for any complaint filed in the trial court; and (2) the trial court erred by denying their cross-motion for summary judgment because Baptist violated HIPAA and should be held liable for Charity's actions under the doctrine of respondeat superior.