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 (rturner229.blogspot.com)

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.