Private Law Theory

ABSTRACT
Select critics have opposed moral and symbolic damages for privacy breaches committed to hospital patients. The authors argue that the recent trend of cases supports nominal damages even when there is no existence of traditional harm. The authors limit themselves to recent case law and propose a new model of classification for hospital privacy breaches, which would implement a non-harm based damage award system.

Crystal, Michael and Medvedev, Jacob, No Harm Does Not Mean No Foul: The Justification for Moral and Symbolic Damages in Hospital Privacy Breach Class Actions (March 3, 2020).

First posted 2020-03-18 08:00:44