Hasn\’t anyone besides Kevin heard of HIPPA?!?!
The neglience part of the suit comes from AMR not training their employees on HIPPA enough to understand NOTHING should be said or written or posted to the internet. How would you feel if he was anurse at the doctor\’s office and did this? The SAME rules apply!
You would think all her trauma, loss of sleep, new pimples, or whatever she can come up with would have been caused by the brutal rape, not the minor writings of an ambulance driver. I feel sorry for her for being a victim of rape, but now she is trying to rape the system for money.
I wonder if there is any set privacy rules for ambulance drivers. With the doctor / patient confidentiality, you would think there would be something for nurses, drivers, etc (anyone working in a hospital). Maybe not. I would bet there is some case law on this one though.
Shocker! somebody in OR trying to abuse the system and receive a handout for nothing. Don\’t they lead or must be close to the top in unemployment and welfare payouts?
Totally agree with you Compman. She has bacically become the \”rapist\” of the system. Of course this being a civil case she will win and AMR will have to pay through the nose. Sorry she was raped but what a total b*tch.
I don\’t understand. If he didn\’t post her name or address then how did the reporters know where she lived? Sounds like we\’re not getting the whole story.
for the article (in it\’s whole form from The Seattle Times) There are a number of other posts all reading the same – The reported information is so vague, who can tell what was really reported !
The Times said it was the \”approximate\” location – no name – no other details… While tragic that she was a victem of a crime – I don\’t see how anything I\’ve been able to find violated her \”right to privacy\” – As for the other comment regarding \”Patient/Doctor Confidentiality\” no specifics were given – I can\’t see how this comes into play
With the possible exception of B I think all of you are wrong – at least from the story we have here in IJ.
Whatever info the EMT put on MySpace was enough to lead reporters to her door & let the neighborhood know what happened. It went from the neighborhood knowing that there were emergency vehicles at her place to knowing she had been raped.
The EMT might have had good intentions but (I think) was grossly stupid in putting ANYTHING about ANY of his patients out on the web for everyone to see from anywhere in the world.
Someone commented that the reporters probably linked his vague description of the location and the police blotter – well then the EMT is guilty of providing the first step on the ladder.
Sounds like a good negligence case to me, potentially has HIPAA written all over it and I never want to ride in this guy\’s ambulance for fear someone else will know I\’ve been given medical attention for XXXXX.
Do you guys see my point? Now everyone in the area knows she was raped & for a rape victim that is very hard to deal with.
I\’m just an underwriter and despise most lawyers as much as everyone else here. I\’m also glad I\’m not writing the cover for this ambulance firm.
?,
Just for clarity, I wasn\’t suggesting there is confidentiality in this case, I just wasn\’t sure if there were confidentiality rules / guidelines for health care professionals other than doctors.
I agree that HIPPA is the central issue; the EMT has a duty to treat his work with confidentiality; and that is where the harm was done. But the one thing that bugs me is how the media could make this into something that is newsworthy…more like being noseybodies…but what do you expect when the American public has no sense of taste, let alone decency?
I disagree with Kevin. You inferred alot about what happened that the article did not specifically say. One thing, the true origination of the leak of her address. If you read the article carefully, only the victim BELIEVES his posting caused the reporters to find her. Based on what his posting said, that would be a stretch since he did not mention names or addresses. I still stand by my original post that the rape was a terrible crime perpetrated on this woman and no one should ever have to go through that, but, for her to say she was traumatized by his posting is pushing the limits of reality.
You cite HIPAA, but I still do not see how EMR is responsible for this employee doing something OUTSIDE of his employment, training or not. Perhaps a more generic warning would have been in order, but the fact remains that it was OUTSIDE his employment duties.
Problem with what Green did was that he was dumb enough to post to MySpace where everybody and their pals go. He did give enough information that probably coincided with what the newspapers reported (who could two and two together) and people figured out who it was. This was a clear violation of confidentiality no matter how you look at it. He provided details. If he had just posted a notice for women to be more careful when coming home at night or something without any of the incidental details, it would have been a lot different. That the legals say he didn\’t break any law is aggravating. At the very least, he should have been sacked from his job for breach of confidentiality. He must have signed a confidentiality statement when he started working for the company. He was SO worng in how he handled it. And no, she is not the b*tch, guys.
Of course we are has a good point – this was done outside of his work. My guess is that their insurance will cover the suit against the ambulance firm but not him. HIPAA might not apply since it was done outside of work but I\’m thinking both the EMR and the ambulance firm are gonna lose or settle.
Amen and thank you Healthcare Worker! It is so hard to understand some of these comments….however for those men who still think rape is just sex may they never have to comfort a female relative after a rape… they will be shocked at the physical & emotional reaction from the victim. It is not pretty.
If you took your companies list of clients and posted all kinds of personal information regarding policies/claims on MySpace, you don\’t think your employer would be held accountable? Even if you did it at 1AM following a night of tequilia shots, your employer portrayed you to their clients as a part of their company. Your employer introduced you to the client as you were representing the company. So yeah, if he took info he obtained while on the job and posted it in public, that would be a violation.
Personally, if it were me I\’d rather beat the crap out of him, but since they wouldn\’t let me do that, I\’d sue him, too.
I checked with my EMT/Ambulance driver friend about this situation; HIPPA does apply to the EMT. How this will all play out in the courts remains to be seen as the internet continues to take the courts into uncharted territory.
However, the saddest part of this commentary was how some of the readers immediately turned on the true victim in this story. She has an actionable case where she claims her right to privacy was violated by the blog and suffered additional injuries and trauma as a result. She has a right to her day in court and to be compensated. As citizens we all have a reasonable expectation to privacy and to have our day in court.
I think those of you who immediately dismissed her claim as a “gripe”, claiming she is abusing and raping the system herself looking a handout and even going so far as calling her a “b*tch” should examine your conscience as to why you did so. Just another woman that got what she deserved and what does it matter if any of her other rights were violated?
It was bad enough she was a victim of her attacker and then to have her right to privacy violated by someone who should have known better, even if he had good intentions. Nevertheless, you victimized her again! Shame!
If the post on MySpace had been about any of these guys\’ erectile dysfunction you can bet they\’d be screaming for justice! They\’d be screaming for $$$$$ and threatening to break the EMT\’s fingers for posting something so personal and humiliating about them.
Women can\’t win. Either we\’re wimps or bitches.
Now I have to think about filing a suit about your comments regarding Oregon. How dare you refer to us a heavily unemployed welfare state. I thoght this is why we all moved here, to relax a bit.
I disagree with Kevin. You inferred alot about what happened that the article did not specifically say. One thing, the true origination of the leak of her address. If you read the article carefully, only the victim BELIEVES his posting caused the reporters to find her. Based on what his posting said, that would be a stretch since he did not mention names or addresses. I still stand by my original post that the rape was a terrible crime perpetrated on this woman and no one should ever have to go through that, but, for her to say she was traumatized by his posting is pushing the limits of reality.
The woman who was attacked is a friend of mine, and I\’m appalled at those of you calling her a b*tch or saying she’s trying to manipulate the system. Look at it from her perspective; image being attacked in your own home, raped and beaten. Then, once you’ve finally called for help, start to heal physically and seek counseling, you open your MySpace account to find a posting about EXACTLY what happened, releasing information only the police had to try and find the jerk who raped you. And who posted this, none other than her “rescuer” (who by the way IS required by law to not release ANY information according to HIPPA law). This was just another violation to her. To have the media print everything that happened, to relive it every time she turned on the news or opened a paper? She is not after money people, she wants AMR to train its employees to keep their mouths shut and do their jobs. And anyone who says otherwise, before you start making assumptions, just imagine for a second that you were going through this. Or your mother, your daughter, your friend.
Who the hell do you people think you are? How dare you cast judgment on a situation you obviously know nothing about? You don\’t know this person, you don\’t know the hell she\’s lived through. She is a beautiful person with more spirit and honor than any of you. She is not in this for the money, you are all misled sheep. Shame on you all!
I think Eva was aiming her comment to those who were saying negative things about the victim in the case. Your comments were very valid and obviously researched.
Eva, you obviously know our girl. Thanks for sticking up for her too.
Yes, I read your post. I wasn\’t trying to attack you. I was so mad when I read the things others were saying I didn\’t think to specify who I was mad at, basically everyone making her sound like a shallow *****. Sorry for the miscomunication.
Hasn\’t anyone besides Kevin heard of HIPPA?!?!
The neglience part of the suit comes from AMR not training their employees on HIPPA enough to understand NOTHING should be said or written or posted to the internet. How would you feel if he was anurse at the doctor\’s office and did this? The SAME rules apply!
Free speech…I bet she sues and wins
If he didn\’t post her name, address or any truly specific identity information about her or the suspect, I can\’t imagine what law he has broken.
I\’m curious how the reporters found the MySpace posting and ended up at her door. Perhaps THEY invaded her privacy?
Sounds like the medic had good intentions but didn\’t think his plan all the way through quite well enough.
You would think all her trauma, loss of sleep, new pimples, or whatever she can come up with would have been caused by the brutal rape, not the minor writings of an ambulance driver. I feel sorry for her for being a victim of rape, but now she is trying to rape the system for money.
Compman, I have to agree with you on this one. It is the same thing I was thinking as I was reading the article.
Exactley Compman…you da man
I wonder if there is any set privacy rules for ambulance drivers. With the doctor / patient confidentiality, you would think there would be something for nurses, drivers, etc (anyone working in a hospital). Maybe not. I would bet there is some case law on this one though.
Shocker! somebody in OR trying to abuse the system and receive a handout for nothing. Don\’t they lead or must be close to the top in unemployment and welfare payouts?
Totally agree with you Compman. She has bacically become the \”rapist\” of the system. Of course this being a civil case she will win and AMR will have to pay through the nose. Sorry she was raped but what a total b*tch.
Mr. Green needs to be kicked in the backside, Ms. Doe needs phsychological counseling and her lawyer needs to be shot.
I don\’t understand. If he didn\’t post her name or address then how did the reporters know where she lived? Sounds like we\’re not getting the whole story.
The police log probably diclosed the location and description of the crime and the reporters went there asking questions.
Goto:
http://seattletimes.nwsource.com/html/localnews/2003686508_webrapesuit29.html
for the article (in it\’s whole form from The Seattle Times) There are a number of other posts all reading the same – The reported information is so vague, who can tell what was really reported !
The Times said it was the \”approximate\” location – no name – no other details… While tragic that she was a victem of a crime – I don\’t see how anything I\’ve been able to find violated her \”right to privacy\” – As for the other comment regarding \”Patient/Doctor Confidentiality\” no specifics were given – I can\’t see how this comes into play
So how is AMR repsonible for a post in an employee\’s off time? Appears that good intentions are not going unpunished.
With the possible exception of B I think all of you are wrong – at least from the story we have here in IJ.
Whatever info the EMT put on MySpace was enough to lead reporters to her door & let the neighborhood know what happened. It went from the neighborhood knowing that there were emergency vehicles at her place to knowing she had been raped.
The EMT might have had good intentions but (I think) was grossly stupid in putting ANYTHING about ANY of his patients out on the web for everyone to see from anywhere in the world.
Someone commented that the reporters probably linked his vague description of the location and the police blotter – well then the EMT is guilty of providing the first step on the ladder.
Sounds like a good negligence case to me, potentially has HIPAA written all over it and I never want to ride in this guy\’s ambulance for fear someone else will know I\’ve been given medical attention for XXXXX.
Do you guys see my point? Now everyone in the area knows she was raped & for a rape victim that is very hard to deal with.
I\’m just an underwriter and despise most lawyers as much as everyone else here. I\’m also glad I\’m not writing the cover for this ambulance firm.
?,
Just for clarity, I wasn\’t suggesting there is confidentiality in this case, I just wasn\’t sure if there were confidentiality rules / guidelines for health care professionals other than doctors.
I agree that HIPPA is the central issue; the EMT has a duty to treat his work with confidentiality; and that is where the harm was done. But the one thing that bugs me is how the media could make this into something that is newsworthy…more like being noseybodies…but what do you expect when the American public has no sense of taste, let alone decency?
I thought HIPAA didn\’t apply to EMS personnel.
Can anyone verify?
I disagree with Kevin. You inferred alot about what happened that the article did not specifically say. One thing, the true origination of the leak of her address. If you read the article carefully, only the victim BELIEVES his posting caused the reporters to find her. Based on what his posting said, that would be a stretch since he did not mention names or addresses. I still stand by my original post that the rape was a terrible crime perpetrated on this woman and no one should ever have to go through that, but, for her to say she was traumatized by his posting is pushing the limits of reality.
You cite HIPAA, but I still do not see how EMR is responsible for this employee doing something OUTSIDE of his employment, training or not. Perhaps a more generic warning would have been in order, but the fact remains that it was OUTSIDE his employment duties.
Problem with what Green did was that he was dumb enough to post to MySpace where everybody and their pals go. He did give enough information that probably coincided with what the newspapers reported (who could two and two together) and people figured out who it was. This was a clear violation of confidentiality no matter how you look at it. He provided details. If he had just posted a notice for women to be more careful when coming home at night or something without any of the incidental details, it would have been a lot different. That the legals say he didn\’t break any law is aggravating. At the very least, he should have been sacked from his job for breach of confidentiality. He must have signed a confidentiality statement when he started working for the company. He was SO worng in how he handled it. And no, she is not the b*tch, guys.
Of course we are has a good point – this was done outside of his work. My guess is that their insurance will cover the suit against the ambulance firm but not him. HIPAA might not apply since it was done outside of work but I\’m thinking both the EMR and the ambulance firm are gonna lose or settle.
Amen and thank you Healthcare Worker! It is so hard to understand some of these comments….however for those men who still think rape is just sex may they never have to comfort a female relative after a rape… they will be shocked at the physical & emotional reaction from the victim. It is not pretty.
If you took your companies list of clients and posted all kinds of personal information regarding policies/claims on MySpace, you don\’t think your employer would be held accountable? Even if you did it at 1AM following a night of tequilia shots, your employer portrayed you to their clients as a part of their company. Your employer introduced you to the client as you were representing the company. So yeah, if he took info he obtained while on the job and posted it in public, that would be a violation.
Personally, if it were me I\’d rather beat the crap out of him, but since they wouldn\’t let me do that, I\’d sue him, too.
I checked with my EMT/Ambulance driver friend about this situation; HIPPA does apply to the EMT. How this will all play out in the courts remains to be seen as the internet continues to take the courts into uncharted territory.
However, the saddest part of this commentary was how some of the readers immediately turned on the true victim in this story. She has an actionable case where she claims her right to privacy was violated by the blog and suffered additional injuries and trauma as a result. She has a right to her day in court and to be compensated. As citizens we all have a reasonable expectation to privacy and to have our day in court.
I think those of you who immediately dismissed her claim as a “gripe”, claiming she is abusing and raping the system herself looking a handout and even going so far as calling her a “b*tch” should examine your conscience as to why you did so. Just another woman that got what she deserved and what does it matter if any of her other rights were violated?
It was bad enough she was a victim of her attacker and then to have her right to privacy violated by someone who should have known better, even if he had good intentions. Nevertheless, you victimized her again! Shame!
If the post on MySpace had been about any of these guys\’ erectile dysfunction you can bet they\’d be screaming for justice! They\’d be screaming for $$$$$ and threatening to break the EMT\’s fingers for posting something so personal and humiliating about them.
Women can\’t win. Either we\’re wimps or bitches.
Not all the guys who have posted feel that way.
Now I have to think about filing a suit about your comments regarding Oregon. How dare you refer to us a heavily unemployed welfare state. I thoght this is why we all moved here, to relax a bit.
This deserves a 2nd posting.
I disagree with Kevin. You inferred alot about what happened that the article did not specifically say. One thing, the true origination of the leak of her address. If you read the article carefully, only the victim BELIEVES his posting caused the reporters to find her. Based on what his posting said, that would be a stretch since he did not mention names or addresses. I still stand by my original post that the rape was a terrible crime perpetrated on this woman and no one should ever have to go through that, but, for her to say she was traumatized by his posting is pushing the limits of reality.
The woman who was attacked is a friend of mine, and I\’m appalled at those of you calling her a b*tch or saying she’s trying to manipulate the system. Look at it from her perspective; image being attacked in your own home, raped and beaten. Then, once you’ve finally called for help, start to heal physically and seek counseling, you open your MySpace account to find a posting about EXACTLY what happened, releasing information only the police had to try and find the jerk who raped you. And who posted this, none other than her “rescuer” (who by the way IS required by law to not release ANY information according to HIPPA law). This was just another violation to her. To have the media print everything that happened, to relive it every time she turned on the news or opened a paper? She is not after money people, she wants AMR to train its employees to keep their mouths shut and do their jobs. And anyone who says otherwise, before you start making assumptions, just imagine for a second that you were going through this. Or your mother, your daughter, your friend.
Who the hell do you people think you are? How dare you cast judgment on a situation you obviously know nothing about? You don\’t know this person, you don\’t know the hell she\’s lived through. She is a beautiful person with more spirit and honor than any of you. She is not in this for the money, you are all misled sheep. Shame on you all!
Eva, you just did the same thing…jumped to judge us all, when you obviously didn\’t read what I wrote. You are no better than the rest.
Blondie,
I think Eva was aiming her comment to those who were saying negative things about the victim in the case. Your comments were very valid and obviously researched.
Eva, you obviously know our girl. Thanks for sticking up for her too.
Yes, I read your post. I wasn\’t trying to attack you. I was so mad when I read the things others were saying I didn\’t think to specify who I was mad at, basically everyone making her sound like a shallow *****. Sorry for the miscomunication.