An anonymous medical blogger is sued for defamation, with HIPAA issues at play:
The blogger identifies himself under pseudonyms of fac_p and Frank Pasquale. Most blog commenters “” some of whom appear to be hospital employees “” are anonymous.In June, Essent filed a defamation lawsuit in state district court against “John Does 1-10″ for postings and comments made on the Paris blog, which the suit says has had 169,272 page views “from sites throughout the United States and the rest of the world” since it began. The lawsuit also claims patient privacy was violated under the federal Health Insurance Portability and Accountability Act, HIPPA.
“We understand and respect the blogger and general public’s right to voice their opinions about PRMC and welcome constructive criticism,” the company said in a statement issued this week.
“However, the method used by the defendants is wholly unacceptable. It is a cowardly infringement on the confidentiality rights of PRMC patients and an unwarranted attack on the reputation of the hospital.”
The company claims in one instance, the blog posted enough information on a patient death to identify the patient before the family was notified.
Here is the blog in question. (via Pure Pedantry)
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{ 3 comments }
I would submit that HIPAA, like the “blanket immunity” offered in medical peer review, is taylor-made for cowards who want to cover their ugly messes up.
The LAST thing this lawsuit is about is “protecting” patients.
“We welcome constructive criticism.” I’d like some of what you’re smoking if you really believe that.
A blog (http://gasboy07.blogspot.com) by Victorian anaesthetic registrar Alan Tse that talked about the treatment of his patients has been shut down by Blogger for violating the Blogger terms of service. Tse, who also writes under the pseudonymn Gasboy07 at the forum Paging Dr (http://pagingdr.proboards61.com/index.cgi?action=viewprofile&user=gasboy07), started blogging in January 2007. He blogged contemporaneously about the patients he treated at Albury Hospital during February to August 2007 (including patient deaths and medical errors), his binge drinking, snowboarding, the difficulties of coming off antidepressant medications and the benefits of bedding the nursing staff and allied health staff on each rotation. It is unclear whether Dr Tse has been professionally reprimanded for his unethical behaviour nor precisely what the Blogger violation involved is.
Pretty scary to think I could be sued for my musing about a tough and emotional job. Blogging has become a cathartic and therapeutic means of surviving residency for me.
I try to be careful with pt. information and usually ask pt’s if they’re cool with being on my blog. Seems like criticizing an employer is highly unwise…HIPAA can be used in many ways.
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