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    Misc

    Lawsuit: Hospital vs. Healthcare Blog

    June 21st, 2007

    by Tony Chen

    Paris Regional Medical Center has sued health blog the Paris Site for defaming the hospital and releasing confidential patient information.

    Paris Regional Medical Center is seeking damages in an amount sufficient to compensate the hospital for its injuries and losses resulting from defamatory statements on the blog, as well as punitive damages for the "willful, malicious and reckless attacks" on the hospital's reputation, the News reports.

    Click here to read the blog's response. An excerpt:

    "This site has been an outlet for pent-up frustrations for many of us, and only a few have actually put in their real names. 'twould be a shame if they should bear the brunt of Essent's wrath."

    There has been some (very random) threads here at Hospital Impact as well - click here.

    What do you think?

    Comments:

    Comment from: midniteryder [Visitor]
    Since there are no (and I repeat NO) indications of HIPAA violations on ANY post in the blog, the plaintiffs have no leg to stand on there. They complain about decreased use of the hospital, but are pointing fingers at the wrong places, instead of who they see in the mirror. Besides the blog, people on the street also talk about what they've heard from folks who have gone there and may work there- will Essent go as far as to "shut them up" too? How far will they go to silence critics? Are they to resort to building a high wall around each facility, if not the community, and block all incoming information to filter out what they percieve as "bad" news? Will the employees be forced, blackmailed, and otherwise threatened into silence? WIll random beatings, injections of sodium pentathol, cameras everywhere, etc. be the order of the day at Essent facilities?

    Here's an idea, radical though it may sound: Stop treating the employees as cannon fodder, the enemy, stray dogs you can beat to do your will. INstead, actually put effort into improving the environment of healthcare so that patients will have pleasant experiences, and prospective employees will beat the door down to get hired on, rather than to escape. Forget the Potemkin village-type tactics, and FIX WHAT NEEDS FIXED. Replace what cannot be fixed, upgrade as needed (and it's needed all over), give employees free reign to offer suggestions, rants (even worker bees need to blow off steam), etc.- employees can be a company's best resource if treated right.

    Move EVERYTHING onto one campus, and raze the landlocked one (or sell it to someone to turn it into seomthing useful). Adding new buildings will be needed, but if it's needed, do it. There's plenty of room to grow on the north Loop area, and the facility out there is better laid out- it will need additions and some renovations, but it's a good core for a combined facility.

    Better yet, since the present ownership has not provem themselves to either be effective administrators (three CEOs in 3 years, last three attempts to purchase new property failed) nor well-heeled (four out of five are in the red, and the one that isn't is barely breaking even), sell off PRMC to a firm that knows something about hospital administration and has been at it for quite a long time with success (unlike Essent, which, sadly, hasn't).

    First the new ownership, then the other things need to take place. Then and only then will Paris have a hospital they can be proud of, and not made ther mad dash to Dallas, Greenville, Sherman/Denison, or Tyler for healthcare.
    Permalink 06/22/07 @ 00:03
    Comment from: A Paris-ite [Visitor]
    I hate to take anything away from the previous comment, but three out of the five hospitals are in the black--Sharon at $3.6M, Paris at $288k, and Neosha Valley at about a half-mill.

    The rest of the statements I concur at face value. Christus was cutting spending considerably towards the end, and it showed. Essent has picked up the pace.
    Permalink 06/23/07 @ 10:30
    Comment from: Jeff Drummond [Visitor] · http://hipaablog.blogspot.com
    Midnite: HIPAA cuts a pretty wide, Draconian swath, so there's at least a hint of a HIPAA violation in one post I saw on the blog -- the post about the guy taking his mother to Baylor Heart Hospital in Plano for a pacemaker. If that guy was an employee, and the mother was a patient, and he didn't have a HIPAA-compliant authorization from mom to disclose the info, it could be a HIPAA violation (although I'd argue there's no identifying information, the discloser wasn't acting in his capacity as an employee at the time, the employee didn't get the PHI from the Hospital but from the patient, etc.). Still, though, that could theoretically be a violation. And I haven't read the complaint, but there might have been previous posts no longer there that were easier or more obvious cases. There's also no private cause of action (you can't sue somebody for violating HIPAA, only the DOJ can do that), so the claim should be structured as an argument that the employee caused the Hospital to violate HIPAA via his/her actions. I'd love to see the court explore that some.

    Permalink 06/26/07 @ 17:12
    Comment from: frank pasquale (the fac_p one) [Visitor] · http://www.the-paris-site.blogspot.com
    Just remember that the lawsuit has generated a court order for an ISP to provide an address of a customer, thus negating the expectation of anonymity.

    There have been no criminal charges filed, so how is the justification built on a section of the codes that deals with revealing identities if a criminal trial requires it.

    The so-called HIPAA violation was used as a smokescreen to get the judge to sign off on an order: But HHS is the one that determines if prosecution is appropriate, not Essent. And the DOJ would be the ones doing it, not Wes Tidwell.

    All in all, one might say that an external law firm came up with a marginal scheme to circumvent the intent of the law, which could have far reaching effects on privacy and free speech.
    Permalink 08/12/07 @ 01:54
    Comment from: Frank Pasquale [Visitor] · http://www.the-paris-site.blogspot.com
    Jeff,
    Will throw one back at you: Which hospital would he have to be an employee of? Then, since he received information not as a covered entity, would it apply?

    If so, there are numerous violations every day from visitors that are in the healthcare field, letting friends know that they should visit a relative or friend in the hospital. Shall we contemplate that?
    Permalink 09/26/07 @ 21:01

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    Safety Tip

    Hospital facilities built today do not include asbestos, but many older buildings still have asbestos components in them. Steam pipes, boilers and furnace ducts were often insulated with an asbestos blanket or asbestos paper tape because of their fireproof and insulating properties. Resilient floor tiles were made from vinyl asbestos. Asbestos cement was employed in roofing, shingles and siding materials. The hazard of this carcinogen increases when the fibers become airborne, and untrained contractors can inadvertently increase risks by cutting, tearing, sawing, scraping, or sanding asbestos materials. Elevated asbestos levels can occur in hospitals where old materials are damaged or disturbed. It is best to leave undamaged asbestos material alone if it is not likely to be disturbed. Inhaling asbestos fibers is known to cause mesothelioma and other diseases. Be sure to use an experienced asbestos removal contractor when you need to get rid of old materials that might contain asbestos.