22 Jul 2022

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Tort Reported in the Health Care Field

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Academic level: College

Paper type: Essay (Any Type)

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Health care institutions are obligated by regulation of their conduct to provide the best possible health care services to their clients ( Steiner, 2014) . Unfortunately, some health care institutions disregard these obligations through torts which have harmful consequences to their patients. In the case these torts are reported, it could lead to punitive measures taken against the health care institutions depending on the type of tort. The major tort categories in health care are intentional and negligent torts. Among commonly experienced intentional torts is the invasion of privacy. The following article is an excerpt of a New York Times article about the invasion of privacy of two patients at the NewYork-Presbyterian Hospital that cost the institution a $2.2 million penalty. Invasion of privacy as tort entails the release of patient information without the patients’ consent, in this case, it was done through filming. 

NewYork-Presbyterian Hospital  has agreed to pay a $2.2 million penalty  to federal regulators for allowing television crews to film two patients without their consent — one who was dying, the other in significant distress. Regulators said on Thursday that the hospital allowed filming to continue even after a medical professional asked that it stop (Charles, 2016). 

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At the same time, regulators clarified the rules regarding the filming of patients, prohibiting health providers from inviting crews into treatment areas without permission from all patients who are present. That could end popular television shows that capture emergencies and traumas in progress, getting permission from patients only afterward. The Office for Civil Rights oversees the Health Insurance Portability and Accountability Act, a federal patient privacy law known as HIPAA. Privacy rules for enforcing the law do not allow media access to patients’ health information without authorization, the post articulated (Charles, 2016). 

References 

Charles, Ornstein. (2016, April 21). New York Hospital to Pay $2.2 Million Over Unauthorized Filming of 2 Patients. Retrieved from https://www.nytimes.com/2016/04/22/nyregion/new-york-hospital-to-pay-fine-over-unauthorized-filming-of-2-patients.html?rref=collection%2Ftimestopic%2FMedical%20Malpractice&action=click&contentCollection=health&region=stream&module=stream_unit&version=latest&contentPlacement=10&pgtype=collection 

Steiner, J. E. (Ed.). (2014).  Problems in Health Care Law: Challenges for the 21st Century . Jones & Bartlett Publishers. 

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