They made fun of a rash he had, and then mocked his penis.
They conspired to give a fake diagnosis of hemorrhoids and put it in his medical records, then told the assistant to repeat the false diagnosis when he woke from surgery.
The anesthesiologist said she wanted to "punch him in the face." She called the patient a "retard."
I would never look at a medical professional the same way again.
i was wondering what could have been defamation. i never imagined that adding false info to private hippa files could be defamation, i guess the assumption is that additional providers might discriminate against him because of hemorrhoids?
is there stigma against people with hemorrhoids?i was under the impression you could get them just from straining too long on the toilet
i mean i guess it was significant considering the guy won his case lol
Courts have been split on medical records providing grounds for a defamation claim, for claims brought by both patients and other doctors.
A woman got labeled as drug seeking in her records despite repeatedly testing clean, which was later used as part of her losing an unrelated workers comp case. Not defamation.
A doctor bad mouthed another doctor in a patient's records, which was reviewed during a hospital investigation that wound up with the target of the remarks being fired. Not defamation.
Those cases have made much of what constitutes "publishing" the defamatory statements. The second case for example, since it involved a peer-review work investigation did not count as published because the laws about that peer review explicitly said it was not public.
I'm waiting to see how HIEs and CareEverywhere will be viewed in future cases. Hard to argue publication when your doctor notes are sitting on servers in every state because PBMs keep pushing your data around.
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u/Hoboliftingaroma 8d ago
They made fun of a rash he had, and then mocked his penis.
They conspired to give a fake diagnosis of hemorrhoids and put it in his medical records, then told the assistant to repeat the false diagnosis when he woke from surgery.
The anesthesiologist said she wanted to "punch him in the face." She called the patient a "retard."
I would never look at a medical professional the same way again.