A New York hospital has settled with the U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) for $2.2 million after allowing a TV crew for the ABC documentary series “NY Med” to film patients receiving medical treatment without obtaining prior authorization from the patients or their representatives. The estate of one those patients is also suing the hospital and the physician who treated the patient in state court for violating patient-physician confidentiality. According to a recent order in that case, the patient’s widow first learned that her husband had been filmed in the hospital while watching an episode of “NY Med” months after his death. She recognized the scene at the hospital, heard her husband’s voice as he was receiving treatment, and watched him die.
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