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Goodman v. Wesley Medical Center10/31/2003
red her for something other than violating its policy regarding patient confidentiality. She offers no corroborating testimony from other nurses who allegedly told her she was fired because she helped with the Keck lawsuit.
There is no evidence in the record that Goodman was terminated for any reason other than her actions in giving confidential documents to Prochaska. The trial court did not err when it dismissed Goodman's claim for retaliatory discharge because Goodman failed to establish a genuine issue of material fact in that regard.
SUFFICIENCY OF THE EVIDENCE
Goodman next argues that there was insufficient evidence to conclude that she breached Wesley's confidentiality policy. Indeed, Goodman argues that she did not breach Wesley's confidentiality policy when she provided the documents to Prochaska because the documents were communications between herself and Prochaska, her attorney. Goodman argues that such communications were protected by the attorney/client privilege.
Goodman's claim of attorney/client privilege belies a lack of understanding of what that privilege entails. Goodman has no standing to claim a privilege for another person's confidential information or to waive the other person's statutory privilege provided by K.S.A. 65-5602. Goodman fails to offer any legal authority for her arguments. Issues without supporting authority need not be addressed by appellate courts. McCain Foods USA, Inc. v. Central Processors, Inc., 275 Kan. 1, 15, 61 P.3d 68 (2002).
Goodman also argues that she did not breach the confidentiality policy because Prochaska was entitled to the information. Goodman fails to supply, nor are we able to locate, any legal authority to support her proposition that Prochaska was entitled to treatment information about patients who were not related to the Keck lawsuit. K.S.A. 65-5602 specifically prohibits the disclosure of confidential information by treatment personnel and requires treatment personnel to claim the privilege on behalf of the patient unless the patient has made a written waiver of the privilege. Goodman has admitted that she did not have any patient's consent for releasing their confidential information to anyone, including an attorney.
Goodman asserts that it must be permissible to speak with an attorney about confidential matters without danger that the conversation will become a breach of confidentiality. This assertion is wholly without foundation in the law.
Goodman further claims that there was no breach of confidentiality because no one saw the documents other than Prochaska. This overlooks the fact that the documents were filed with the district court and that Prochaska saw the documents when he was not involved in treating those patients and did not have a waiver of their confidentiality. Goodman had no authority to share such documents with Prochaska.
DEMOTION CLAIM
Next, Goodman incidentally raises a claim that the trial court failed to consider her claim for wrongful demotion. Goodman provides no legal argument or authority to support her claim of error and, therefore, this court will not address the issue. See McCain Foods USA, Inc., 275 Kan. at 15.
IMPLIED CONTRACT
Last, Goodman argues that the trial court erroneously granted Wesley's motion for summary judgment on her claim of implied contract. Applying the standard of review for summary judgment, this court must determine whether Goodman has come forward with any evidence to establish a dispute as to a material fact. See Bracken, 272 Kan. at 1275. The only fact Goodman asserts that is keyed to the record is Goodman's supervisor's deposition testimony that a
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