related to the Virginia health records, including detinue of the records, unlawful seizure and detention of the records, intentional interference with her business relationships related to the records, and conversion of the records. Plaintiff also requested declaratory judgment that she is the rightful owner of the records. Defendants moved to dismiss each of these counts, asserting that the Virginia health records are the property of Voorthuis Opticians, not Dr. Nguyen. Under Virginia law, “[m]edical records maintained by any health care pro vider ... shall be the property of such health care provider or, in the case of a health care provider employed by another health care provider, the property of the employer.” Va.Code Ann. § 54.1-2403.3 (2006); see also id. § 32.1-127.1:03(A) (<HOLDING>). As a licensed optometrist, Dr. Nguyen, is a
recognizing right to privacy in receipt of health care services to the extent consistent with providing adequate medical care and the safety and good order of the facility recognizing an individuals right of privacy in the content of health records and noting that health records are the property of the health care entity maintaining them recognizing the roots of the right to privacy in mental health records holding claim that negligent supervision caused assault was health care liability claim because it was inseparable from the health care and nursing services provided recognizing a constitutional right of privacy in mental health records