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I am a physician. I was too by a third party that an

I am a physician...

I am a physician. I was too by a third party that an employee of a hospital where I hold medical staff privileges filmed me on a cell phone video rendering care to a critical care patient in the ICU. The boyfriend of the he employee turned the video over to the local TV statin as past of a presumed domestic dispute.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

I reported the breach to the OCR but gave concerns regarding my rights being violated.

Lawyer's Assistant: Has anything been filed or reported?

CA

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I reported the breach to the OCR.

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Answered in 2 minutes by:
2/6/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,467
Experience: Licensed to practice before state and federal court
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Hello I am a California Attorney here to help. I'm sorry to hear about your situation. California is a two party constant state meaning that if you are going to record someone you need their consent to do so. In addition, it is an invasion of privacy against the patient and you if you and/or the patient had a reasonable expectation of privacy.
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You may be able to bring a lawsuit against the person for defamation if what they submitted was not truthful and damaging to your reputation.What other questions did you have for me today?
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Customer reply replied 5 months ago
Can I sue the hospital for their employee filming me rendering care without my consent and releasing it to the TV?
Customer reply replied 5 months ago
Please answer my question, yes or no, without a phone call.
For invasion if privacy and defamation.
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The phone call requests are automatic as well. What other questions did you have for me today?
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DamienJD
DamienJD, Attorney
Category: Legal
Satisfied Customers: 5,136
Experience: Attorney. Well versed, understanding, friendly
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Hello. New expert here. Are you still looking for help on this question?

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Customer reply replied 5 months ago
An employee of a hospital where I hold privileges to provide patient care filmed me without my knowing on her cell phone.Apparently, the employee is in a domestic dispute with her boyfriend, as per hospital administrative personnel.The employees’ boyfriend released the video to the local TV station.The TV station called the hospital CEO to notify him of the video.Hospital personnel are preparing the medical staff for a visit by law enforcement regarding a privacy violation against the patient who was filmed in the ICU.I am concerned that my professional privacy was violated and am concerned about any construed liability.Can I reasonably sue the hospital for the actions of their employee?I do not know why I was filmed in the first place.Thank you.Joseph Klapper, MD(###) ###-####

Since the hospital did not know in advance that the employee was videotaping you, you would have to sue the hospital based on vicarious liability.

Vicarious liability refers to a situation where someone is held responsible for the actions or omissions of another person. In a workplace context, an employer can be liable for the acts or omissions of its employees, provided it can be shown that they took place in the course of their employment.

That is basically what would be the claim of the Police or the government. So, you claim would be a similar theory.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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Customer reply replied 5 months ago
I know about vicarious liability. That is why I am asking to sue the hospital and not the employee.Again, can I sue the hospital and for what?Yes or no.Thank you

You are welcome. I see you are aware of vicarious liability. That would be the legal premise. You would want to do some case law research to support the position so that when you file the complaint and the hospital does a motion to dismiss (which it most certainly will do), you have cases to support your position. You would want cases that show when a hospital has been held to be vicariously liable for an employee's action and attempt to get cases that involve other employees and/or privacy. When you hire your local attorney to file the complaint for you, the attorney will do a few hours of research to search for the cases using a legal database.

DamienJD
DamienJD, Attorney
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Satisfied Customers: 5,136
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