A $2.2 million settlement was reached between the Office for Civil Rights of the Department of Health and Human Services and New York-Presbyterian Hospital, over filming for a television documentary that disclosed the medical information of two patients without obtaining their consent. Specifically, the hospital allowed the ABC Network crew for “NY Med” to film a dying patient and another patient in significant distress.
The settlement agreement provides for monitoring of the hospital by the Office of Civil Rights for two years. The Office for Civil Rights explained how the outcome shows that the agency will not permit medical facilities to compromise patient privacy by permitting unauthorized filming by TV crews. However, the hospital claimed that it sought to educate the public about health issues, and that the conduct was not in violation of the federal patient privacy rule.
Significantly, the New York Court of Appeals recently ruled that a case could survive an application to dismiss and the family of a deceased patient could proceed to discovery in litigating a claim that a hospital and doctor violated physician-patient confidentiality in filming. In Chanko v. American Broadcasting Co., Inc., 2016 NY Slip Op 02478, while the deceased was being treated in the emergency room of New York – Presbyterian Hospital, ABC News employees filmed his treatment and death, without obtaining consent. ABC subsequently broadcast a portion of the footage within a documentary about medical trauma. The decedent’s family commenced an action against ABC, the hospital and the treating physician, alleging breach of physician-patient confidentiality and intentional infliction of emotional distress.
The Court recognized that the deceased’s face was blurred in the broadcast and he was not identified. Although plaintiffs claimed that there was improper disclosure of medical information to ABC employees who filmed and edited the recording, the Court opined that it was unclear what information was contained in the raw footage, or who viewed it. The Court modified a previous lower court ruling, and held that: the plaintiffs stated a cause of action for breach of physician-patient confidentiality against the defendants; however, the defendants’ conduct did not provide a basis for a claim for intentional infliction of emotional distress.
If you or someone you love has suffered harm resulting from possible invasion of privacy during a medical procedure, or through some form of negligence by a physician or medical facility, contact our New Jersey medical malpractice lawyers to receive a cost-free consultation and learn more about your available legal options.
For additional information about the settlement by federal authorities with the New York City hospital, access the following article: Settlement Reached Over NYC Hospital Filming.
