Health Information Management

Unauthorized published account of gynecological surgery leads to civil claim

HIPAA Weekly Advisor, August 25, 2008

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Among the 267 Iowans who have complained of HIPAA violations is a woman who seeks civil damages from the companies allegedly involved in a publicity scheme that resulted in the publication of a news article describing her gynecological problems in detail and identifying her by name, according to The Des Moines Register.
 
The defendants in the suit, a medical services company and its public relations firm, allegedly included information about the plaintiff in a press release sent to two Iowa newspapers, according to the July 17 article in The Des Moines Register. Representatives of the medical services company were with the plaintiff’s physician during an office visit. They allegedly collected her personal information at that time. The plaintiff says she never authorized use of her personal information. Her suit alleges that the information was included in promotional material masquerading as a news article.
 
The plaintiff told The Des Moines Register that she was subjected to public ridicule, humiliation, and depression after her hometown newspaper published an article detailing her “embarrassing” and “odd” medical problem of heavy menstrual flow. The original article also said she “no longer experiences heavy and irregular periods.”
 
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