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Federal lawsuit filed over data breach at Lexington Medical Center

The suit said cybercriminals were able to get away with a number of files including people's personal data.

LEXINGTON, S.C. — A woman has filed a federal lawsuit against Lexington Medical Center, claiming the hospital didn't do enough to protect her and other patients' personal data before and after a data breach last fall.

The suit was filed by Michelle Sutherland, who identified herself as a longtime hospital patient living in Lexington County. 

The filing said back on Oct. 4, 2023, cybercriminals accessed a Lexington Medical Center employee's email account and individual data drive. The suit said the criminals were able to get away with a number of files, including people's personal data. 

The hospital acknowledged the breach in a letter sent to patients on Feb. 12 and filed with the South Carolina Department of Consumer Affairs. The hospital said it immediately contained the incident and brought in cyber security experts to determine what was taken. According to the filing, 1,942 South Carolina residents were affected. 

Lexington Medical went on to tell patients that following a review, they discovered on Jan. 18 that the data taken contained a limited number of billing-related documents, which may have included a patient's name, date of birth, medical record number, health insurance identification number, patient charge descriptor information, billing codes, and Social Security number. 

The hospital said electronic medical records were not accessed. It also added that it was unclear if the patient's personal information was misused. 

However, Sutherland said in the suit that after the breach, she noticed "a dramatic increase in suspicious activities including spam phone calls, marketing emails, and spam text messages." She also said she experienced fraud in her bank accounts. 

Sutherland and her attorney said Lexington Medical failed to protect patient records and allowed the cybercriminals to have the data for four months before notifying patients. 

For its part, Lexington Medical Center said it was offering patients complimentary access to Experian IdentifyWorks Credit 3B, a theft protection program. They've also set up a dedicated toll-free response line at 888-324-1157. The line is available Monday through Friday, 9 a.m. to 9 p.m. Eastern Time.

The filer and her attorney want the lawsuit to be granted class-action status, allowing other patients to join the suit. It does not mention how much money Sutherland and potential other clients are seeking, except for calling for compensatory and punitive damages. 

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