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Howerver, son could have a cause of action for publication of private information. Elements of the tort include (1) publication, (2) absent any waiver or privilege, (3) of private matters in which the public has no legitimate concern, (4) so as to bring shame or humiliation to a person of ordinary sensibilities.
The Restatement (Second) of Torts, § 652D, at 383 (1977), articulates the tort of public disclosure of private facts by stating that "(o)ne who gives publicity to a matter concerning the private life of another is subject to liability to the other for invasion of his privacy, if the matter publicized is of a kind that (a) would be highly offensive to a reasonable person, and (b) is not of legitimate concern to the public."
Son would need to contact a local civil litigation attorney to discuss the case and what type of damages he could sue for. Since this was a willful act, it is likely that punitive damages would apply to set an example for this behavior and discourage future similar conduct.
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Is the hospital liable and can they be sued for sharing his medical history either via his records or via one of their employees? Could he also sue the employee who made the information available to the EMT?
Thank you. I have one more question. It appears that several EMTs then passed on this information to other EMTS. Are they liable for passing on private information?
Really. As a physician if I told other healthcare professionals information that I had heard from another professional about a patient with out the
patient"s permission even if I wasn't the treating physician I believe that I would be liable for spreading information protected under HIPPA. Isn't different if you are a healthcare professional and not just a lay person?
By definition I am sure that she said I was in the ER when son arrived and heard from treating EMT or the ER xxx. I think that this makes it obvious that she is disclosing protected information.
Son contacted her ambulance employer, was there any advantage in doing that? They said that they would investigate. Should I call Cornell and complain or just look for a lawyer?
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