Fact Pattern 9-1Frank Belongs to the Same Country Club as His

question 25

Multiple Choice

Fact Pattern 9-1Frank belongs to the same country club as his former physician, Dr. Bozo. Frank recently started dating Dr. Bozo's former wife, Alice, and decided to find a new physician. Frank found out that Dr. Bozo has been telling their mutual friends at the club about Frank's high blood pressure and problems with anxiety. Frank is very angry, confronts Dr. Bozo on the golf course, and tells him that he is going to sue him under a federal law protecting medical information. Dr. Bozo laughs and says in front of a number of Frank's golfing buddies, "I'm not surprised that you're going nuts and that you have high blood pressure-hanging out with Alice has done that to many a man."
-Refer to Fact Pattern 9-1.What right of action,if any,would Frank have against Dr.Bozo?

• A) He has no cause of action against Dr.Bozo because the law does not protect this type of invasion of privacy so long as Dr.Bozo was being truthful regarding his health condition.
• B) He could sue Dr.Bozo under a federal statute enacted to protect privacy rights.
• C) He could not sue Dr.Bozo directly under any federal statute enacted to protect privacy rights, but he could likely prevail in a common law action for the public disclosure of private facts.
• D) He could not sue Dr.Bozo under federal law for invasion of privacy nor could he sue under a common law cause of action, but only because he was no longer Dr.Bozo's patient.

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Definitions:

Male

A biological sex that is typically characterized by the production of small mobile gametes, specifically sperm in many species.

Sexually Transmitted Diseases

Infections that are primarily passed through person-to-person sexual contact.

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