Sunday, May 05, 2024

Doctor's lawsuit allegation: Freeman nurses spread details about embarrassing operation

A cover story created for a Freeman doctor who underwent emergency surgery that resulted from an embarrassing situation was blown when two nurses who were not involved in his case looked at his file then spread the story around the hospital.

That is the allegation made by former Freeman doctor Nathan Box in a lawsuit filed January 4 in Jasper County Circuit Court.

Those alleged HIPAA violations were also noted by Box in an employment discrimination lawsuit filed May 1 in Jasper County Circuit Court. More details on that case can be found at the link below.

The Turner Report: Doctor's lawsuit accuses Freeman Health of age, sex discrimination, HIPAA violations (

The HIPAA violations, though mentioned in the most recent lawsuit, were not included in the lawsuit, except by reference.

In the HIPAA violation suit, Box is referred to as N. B. and filed a motion in April for an order to keep his identity private. Judge Gayle Crane issued the order, which means little at this point since Box's attorney, Aaron Joseph Hadlow, Aurora, who was not the same attorney he used in the January 4 lawsuit, included both his name and details of his operation in the May 1 lawsuit. The lawyer filed a motion late this week to have the personal information redacted from the lawsuit.

From the lawsuit:

N.B. was a patient at Freeman. N.B. is also a prominent doctor and known member of the medical community. On August 1, 2022, N.B. underwent a significant and life-altering injury of his pelvic area at Freeman. 

In an effort to avoid the mortification of his colleagues, and subordinates, finding out the true nature of his surgery, N.B. told them he was undergoing surgery for “kidney stones.” 

Subsequent to surgery, on August 2, 2022, nurse Sheri Morris, employee of Freeman but not a member of Plaintiff’s care team, accessed N.B.’s records without a working need to do so. 

Additionally, on August 16, 2022, Milissa Folk, an employee with Freeman Orthopedics, but not a member of Plaintiff’s care team, accessed N.B.’s records without a working need to do so. Beginning on August 2, 2022 Defendant disclosed Plaintiff’s PHI and PII to unauthorized third parties. 32. Both Nurse Morris and Nurse Folk shared the information they learned about Plaintiff with others in the medical and general communities. 

Specifically, N.B.’s nurse practitioner mentioned specifics of N.B.’s surgery to another physician in town. In addition, several employees with Freeman were talking about the surgery the next day.

Defendant’s privacy policy, states, in part, “[g]enerally, we are required by law to ensure that medical information that identifies you is kept private.” In addition, “[w]ith a few exceptions, we are required to obtain your authorization for the use or disclosure of the information.”1 None of the listed exceptions apply to the case at hand. 

Had Freeman told Plaintiff that his privacy would not be protected he would not have sought treatment with Freeman and would not have provided his PHI and PII to Freeman. 

On August 29, 2022, Freeman sent N.B. a letter, stating, in part, there was, “…an inappropriate access of your electronic health information in violation of Freeman Health System policy [that] occurred on August 2, 2022. The incident involved an employee inappropriately accessing your electronic health record.” 

The letter Plaintiff received from Freeman stated, in part, “[w]e are very sorry this occurred and feel there is no risk of misuse of your information [sic] due to this incident.” 

However, the letter offered no explanation of how Defendant Freeman intended to or put into action any policies and/or procedures regarding avoiding future breaches regarding its patients’ PHI. 

Additionally, the misuse of N.B.’s health information already occurred. Due to the immense humiliation N.B. suffered at the expense of his colleagues, he has since left his place of employment (at Freeman) and is now employed by Nevada Regional Medical Center.

The lawsuit accuses Freeman of breach of implied contract, negligence, invasion of privacy, breach of fiduciary duty of confidentiality and negligent training and supervision.

Box is asking for damages and attorney fees and is requesting a jury trial.


Anonymous said...

What Freeman Employee's did by sharing Dr. Box's Personal Information is unconscionable. Like most people when you are admitted as a patient you sign a ream of documents, including pages of HIPPA documents, with the idea your privacy is protected. I guess we are all wrong!

For Freeman to assume that a mere "I Am Sorry Note", is even close to the Legal and Financial Lawsuit they should face is ridiculous.

Anyone that deliberately looked or shared his Personal Information, should be Sanctioned and/or Terminated and their Nurse's License or Doctor's Licensed Suspended or Revoked. There must be consequences for their Actions, Freeman's standard fix is we will need to re-train our Employees. Freeman needs to understand the consequences of their actions and the damage it has caused, if I was on the Jury, Freeman better get your Checkbook out!

Just as in any Business, Personal Information is Confidential and if a non-authorized person looked or shared any HR Records that Business could be liable, and that person could lose their job.

Anonymous said...

I worked for freeman for seven years. There is no confidentiality. Everything is spread around that place.

Anonymous said...

Both of the women who accessed the information should be fired.

Anonymous said...

Trying to catch up on both articles.

So in summary, Dr Box:

- Had his confidentiality not protected while a patient.
- Had his information spread around among staff.
- Had smarmy Dave Baker CMO conspire to get rid of him so Hallie Baker (his wife) could get more patients and they could make more money.
- Was fired for being a whistleblower.
- Was trashed by Freeman staff to patients after he was fired.

Sounds like Freeman better get the checkbook out again.

Anonymous said...

Terrifying to think how often your records are accessed and shared around when at FHS. Very scary.

Anonymous said...

Considering I, a patient of Dr. Box, both filed a report and a lawsuit against him for malpractice. That alone should have been enough to remove this man. Several of us, who had tonsils removed by dr box, were given his personal number by him to call if we had any issues. And he referred me to mercy when complications arose claiming bo doctor was on duty to treat the issue properly at freeman.

I am not defending Freeman by any means, but his termination was justified. As well, looking ad there are 3 doctors that his patients then were split between. Dr Baker getting 1/3 is appropriate. Weird how math is simple for some people but when looking to be a victim, it seems less important.

Randy, I am ashamed of you for posting a misleading op-ed without all the facts. You are better than that, sir. You taught me to never post anything without having all the facts, so why don't you practice what you preached at South.

Randy said...

That was not an op-ed. A lawsuit was filed against Freeman. I reported what was in the lawsuit and noted that everything that was in the lawsuit was alleged. The lawsuit is a public record. When Freeman responds, I will also report that fully and follow the lawsuit to its completion. Major lawsuits against Freeman or any other major employer in this community should always be covered, including both the petition and the response and any other developments.

Anonymous said...

1:10PM, If Dr. Box committed malpractice against you and others it should have been grounds for his dismissal from Freeman. Not to be presumptuous were you and the other parties victorious in the malpractice suit?

I would also say that the way Freeman treated Dr. Box's personal information was also a major HIPPA Violation and those responsible should be terminated and Freeman should pay to cover their negligence.

Anonymous said...

Your facts are also misleading. One can easily look up and see malpractice cases, and there are none for Box. Maybe you are confused, or posting to stir the pot?

Anonymous said...

I'm confused. Is this the doctor that broke his penis?

Anonymous said...

You can find malpractice lawsuits on casenet. You will not find any for Box. David Baker is a different story.

Anonymous said...

David Baker (mentioned throughout Box’s claims) has been sued numerous times for malpractice in MO and also in neighboring states, as Turner Report has covered previously (Oklahoma, for example). The comments in Box’s petition ring true.

Anonymous said...

I agree with 5:46AM and 7:05AM, I found No Malpractice Cases against Dr. Nathan S. Box on CaseNet - Anonymous 1:10PM, was either lying or trying to stir the pot. This is exactly what these new changes on this Blog should do is offer a clear and concise dialogue of Facts, not unsupported rhetoric. Again, 1:10PM if you can provide any type of Evidence of Malpractice Lawsuits, we would welcome those comments, but at this time your Comments seem fabricated and unsupported.

While I did find an assortment of Lawsuits for Dr. David L. Baker, including Wrongful Death and a Tax Lien.

Anonymous said...

Having a lawsuit against you does not make you a bad doctor. Things happen and people look for someone to blame and a payout.
Also, not having lawsuits does not make you a good doctor.
I think the truth will come out once Freeman gets to tell their side of the story.
The HIPAA violation is bad and the nurses should be punished, but it is also very common. It is also NOT the reason he left Freeman.

Anonymous said...

12:24PM, I will totally agree with you that a lawsuit does not make you a bad Doctor, but today if you have multiple lawsuits and with the current trend of suing, I would say where there is smoke there is fire.

If Dr. Box violated Freeman's Policies, Procedures, or HR Guidelines, then Termination is always an option, not knowing if he has an Employment Contract or is an At Will Employee with them. In the State of Missouri if you are an At Will Employee the Employer can Fire You whenever they wish. As for the Truth, I would assume that both Freeman and Dr. Box may look for an Agreement with a Financial Settlement to put this in the rearview mirror, so the Truth may never come out, just a lot of gossip.

As for the Freeman Employees that Breached his Confidentially and Violated the HIPPA Guidelines, they should be immediately Terminated. Since these Employees work for Freeman, they are Culpable and Responsible for them, and should be Fined and held Liable.

Anonymous said...


Anonymous said...

Absolutely. Dave Baker is also on wife number three.

Anonymous said...

Since Anonymous 1:10PM, has failed to offer any information about any malpractice lawsuits and we cannot find any on Casenet, about Dr. Box, and when given the opportunity to share that information, then we must assume that they where either lying or stirring the pot and providing unsupported rhetoric. Which I would hope that the contributors to this Blog, could not only provide their Comments, Opinions, with Factual and Contributing Information.

As for Dr. Baker we did find a number of Lawsuits, Medical, Tax Liens, Divorces, Etc., in 2-States, which when you are 2nd (Second), in Charge of a Hospital, seems a little discerning. Since it becomes difficult to manage your professional life when your personal life is in shambles, though many are able to pull it off.

Anonymous said...

Yes, it’s truly shocking when you look up David L Baker on casenet

Anonymous said...

What does Dr. Bakers personnel life have to do with Dr. Box and reasons for him no longer being employed? Spend 10 minutes with the man and you could see why there were issues! Could be that this Dr. Baker was just holding him responsible for his bad behavior at work so now he wants to deflect . Just a possibility 🤷‍♀️.

Anonymous said...

10:20AM, As mentioned earlier if Dr. Box violated Freeman's Policies, Procedures, or HR Guidelines, then Termination is always an option, not knowing if he has an Employment Contract or he is an At Will Employee with them. In the State of Missouri if you are an At Will Employee the Employer can Fire You whenever they wish. So everyone is agreeing with you, bad behavior could definitely be a valid reason for Termination.

The second issue of Dr. Box's Lawsuit is the HIPPA Violations, and his Personal Information being retrieved by unauthorized Nurses and then discussed and gossiped about in Freeman, which should cost people their Jobs and Freeman a Boat Load Full of Money.

One Commentor 1:10PM earlier had mentioned that they he had Sued Dr. Box for Malpractice, yet there were no Malpractice Lawsuits against him, thus Commentor 1:10PM lied.

Other Commentors, 7:05AM and 7:58AM mentioned that Dr. Baker had Malpractice Lawsuits in 2-States, and other Lawsuits, Taxes and Divorce in which a search proved those Comments to be True. Which when you are 2nd (Second), in Charge of a Hospital, seems a little discerning, plus Dr. Baker's new Wife Dr. Hallie Baker, was then assigned all of Dr. Box's Patients.

With all these unsettling things occurring at Freeman, it all just seems to Surreal.

I believe everyone is just trying to verify and deal with Facts, not unsupported rhetoric. Sometimes you have to read the entire Articles, both of them and all the group comments to understand everything that has occurred.

Anonymous said...

You do realize there is more than one David L. Baker right? Pretty sure Dr. David Baker is not a 77year old from Carl Junction! Just saying…….

Anonymous said...

Dr. David L(Leon) Baker



No Tax Lien -

Anonymous said...

1:51PM - Good Catch and Correction on Wrong 77 Year Old David Baker from Carl Junction. Mistakes were made you helped us correct them - Thanks for Your Help.

The Other Dr. David L. (Leon) Baker does have at least two Malpractice Cases on Casenet.

Anonymous said...

I’m officially nervous to continue using Freeman hospital. Those workers should’ve been a fired on the spot. Shame on you Freeman Hospital.

Anonymous said...

I'm officially nervous about breaking my penis.

Anonymous said...

Freeman definitely has some problems, but just as any Business, Etc., they will hopefully get it figured out and by replacing the current retiring CEO Paula Baker, who was over her head from the very beginning, and definitely not just promote one of her current cronies to the CEO Position.

Anonymous said...

Both 6:33AM and 6:07AM (same commentor), could use a little decorum, but I am sure he had to try and get the attention back on him and his stupid unfunny comments.

Anonymous said...

Dave Baker, DO also has had at least 1 from Oklahoma, not reported on MO Casenet. Turner reported on this, in fact.

Anonymous said...

This will be a fascinating thing to see: Will Freeman embrace a cultural shift by hiring a qualified applicant or promote a low-IQ internal employee?

Hopefully the former, but time will tell.

Anonymous said...

Goodness. DO Dr. David Baker “only” has several malpractice and wrongful death suits and a few divorces. ☺️

Sign him up for CEO. lol..

You cannot make this up…. 😂😂😂