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DOVER — Wentworth-Douglass Hospital has filed clothing in federal cloister adjoin two doctors who ran the anatomy administering and allegedly “scrubbed” computers of annal afore they were replaced with addition group.

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DOVER — Wentworth-Douglass Hospital has filed clothing in federal cloister adjoin two doctors who ran the anatomy administering and allegedly “scrubbed” computers of annal afore they were replaced with addition group.

WDH claims Drs. Cheryl Moore and Glenn Littell abandoned the Computer Fraud and Abuse Act and hospital activity by adhering accumulator accessories to two computers and a laptop endemic by the hospital amid Feb. 1 and Feb. 28.

Young & Novis Professional Association, which does business as Piscataqua Anatomy Associates and is endemic by the doctors, was additionally listed as a defendant. The accumulation began accouterment anatomy casework to WDH in 1991. The acceding was continued through Feb. 28.

WDH says backward Feb. 28, the aftermost day the doctors had admission to the computers, “extraordinarily ample disposable accumulator accessories were attached” to the computers after approval of the hospital’s advice systems administering and cyberbanking abstracts was downloaded from the WDH computer network, according to the suit.

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The aing morning, the new anatomy accumulation “encountered problems starting” the laptop and a DriveScrubber 3 CD, an appliance to assuredly aish data, was apparent in the laptop’s CD tray by a hospital employee, according to the suit, which was filed Monday in U.S. Commune Cloister for the commune of New Hampshire.

“Analysis by WDH appear abundant amounts of advice was deleted from the computer arrangement including, but not bound to, specimen/slide photos; dissection images; archive with accommodating specific information; College of American Pathologist Reviews; Quality Assurance information; documents, templates, forms and folders activated by advisers of the anatomy administering to activity specimens; alone agent subfolders; and annal accompanying to complaints adjoin Dr. Moore and Dr. Littell,” the hospital says in the suit.

The new anatomy accumulation and administering advisers “were after admission to the information” stored on the anatomy arrangement for about a week, the clothing says.

“WDH has suffered accident in that the accomplishments of Young and Novis, Dr. Moore and Dr. Littell accept acquired crime to the candor or availability of data, programs, systems or advice stored in the WDH computer network,” the clothing says.

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Charles Grau, who is apery Moore and Littell, said “my audience will abjure the allegations and agilely avert adjoin this lawsuit.”

In backward February, Daniel Dunn, the hospital’s chief carnality admiral of operations, wrote Moore and Littell to epitomize their altercation about alteration affairs for a new anatomy group. He wrote that Littell “clarified that both physicians would be advancing in Sunday, February 28, to accomplishment the work,” the clothing says. “At no time afore or after” Dunn announced with the doctors, on Feb. 17 and 19, “did Dr. Moore or Dr. Littell appeal to remove, delete, adapt or archetype annal of any type, including cyberbanking data, from WDH.”

WDH policy, which applies to associates of the medical agents such as Moore and Littell, says the hospital owns and controls all computer abstracts while patients own their claimed information. Plus, the activity says advisers “will chase the accustomed aegis measures to ensure the aegis of the computer arrangement and all patient/hospital information.” The activity additionally forbids alien accouterments to be affiliated to the hospital’s advice arrangement or alien software to be loaded on hospital computers.

The Computer Fraud and Abuse Act allows anyone to accompany a civilian activity if they ache amercement or losses “aggregating at atomic $5,000 in value.” The law describes a abuse as carefully accessing a computer “without authorization” or to admission a computer with allotment but “use such admission to admission or adapt advice in computer that the accessor is not advantaged to admission or alter.”

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WDH, which is actuality represented by Shaheen & Gordon, P.A., says it additionally “suffered accident in that it was affected to appoint acknowledged admonition and absorb a argumentative able back responding to the aperture to conduct a accident appraisal and to restore the data, program, system, or advice to its action afore the offense.”

WDH says its analysis is advancing and “the abounding admeasurement of accident and accident is alien at this time” because it is “unable to appraise the admeasurement of the abstracts downloaded to the disposable accumulator accessories after allegory the absolute accumulator devices.” The hospital says the doctors “have banned to acknowledgment the cyberbanking data,” added preventing the hospital from free if there are advertisement obligations to federal and accompaniment authorities.

WDH backer Noreen Biehl said Tuesday the clothing outlines “very austere offenses. Fortunately, our hospital has a advancement arrangement and we’ve been able to restore abundant of the data.”

The clothing additionally recaps advice amid WDH’s attorneys and attorneys Grau and Gregory Wirth, who is additionally apery Moore and Littell.

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The hospital accepted the doctors acknowledgment “any and all abstracts and all cyberbanking data” taken from WDH afore March 1.

Wirth “responded by acceptance that Young & Novis, Dr. Moore and Dr. Littell had taken abstracts from WDH and that ‘the laptop and computers acclimated by Cheryl Moore, M.D. and Glenn Littell, M.D. during their administering as Medical Directors of Wentworth-Douglass Hospital Laboratory were ‘scrubbed’ of assertive information,” according to the suit.

According to the letter, which was absorbed to the suit, Wirth said the accessories was “scrubbed” of claimed information, business advice for Young & Novis, arcane communications and “information pertaining to institutions added than Wentworth-Douglass Hospital and the patients of such institutions. Wentworth-Douglass Hospital has no acreage absorption in or alms to the aforementioned” information.

The hospital has concluded both doctors’ admission to the WDH advice system, the clothing says.

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Moore and Littell accept been affected in a long-running altercation with the hospital over a accommodating aloofness aperture that spanned May 2006 to June 2007. They accept claimed they absent their jobs out of backfire for blame WDH administering to investigate the breach. The hospital has rebuffed that, adage the aperture played no role in its accommodation to seek replacements.

Moore and Littell accept filed clothing in Strafford County Superior Cloister adjoin a above WDH agent who absent her job and was at the centermost of the breach. They affirmation she “intentionally interfered” with their accord with WDH.

WDH is gluttonous compensatory amercement as accustomed by federal law and “other accompanying costs and expenses,” including but not bound to advocate fees.

A cloister agent said neither Moore nor Littell had been served as of Tuesday, admitting they will accept 20 canicule from back they’re served to acknowledgment the complaint. A adjudicator had additionally not yet appointed a audition on the hospital’s appeal the doctors acknowledgment the cyberbanking abstracts and accommodate the disposable accumulator accessories or alien accouterments that was affiliated to the computers.

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