14 VIDEOS GIVEN TO ATTORNEY SHOWED PATIENTS IN OPERATING ROOM, HOSPITAL ADMITS

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Update May 13, 2016:  A court has denied a request from Dr. Dorin's attorney to view thousands of video clips, ECM has learned. Sharp spokesman John Cihomsky informed us today , "...The judge agreed with Sharp that releasing the footage would violate patient privacy, so we will not be releasing the footage to the attorney."

By Miriam Raftery, East County Magazine

May 12, 2016 (La Mesa) – Sharp Healthcare has issued a revised statement regarding an investigation that used hidden videos to catch a doctor now accused of stealing narcotic drugs off an anesthesia cart at Sharp Grossmont Hospital.  ECM reported on privacy concerns raised in an  article on May 7th.  The hospital initially said that videos were only sent to the California Medical Board as evidence in a complaint filed against Dr. Adam Dorin, and that those clips did not include patients. 

But today, John Cihomsky, vice president of public relations for Sharp, sent ECM an updated statement from Sharp. It indicates that 14 clips showing patients were mistakenly provided to Dr. Dorin’s attorney.  In the statement, Sharp admits to and apologizes for breaching those patients’ privacy.

Below is Sharp’s statement in full:

 In connection with recent publicity about a complaint by the California Medical Board against Dr. Adam Dorin related to events that occurred at Sharp Grossmont Hospital in 2012-2013, it recently came to our attention that Sharp, in response to Dr. Dorin's attorney's (Mr. Duane Admire) request for evidentiary material, mistakenly provided Mr. Admire with video clips that included patients in the operating room.

This was brought to our attention when we learned that Mr. Admire stated he viewed several clips that included patients within them. At our request, Mr. Admire returned that material to us on Tuesday, May 10. We have confirmed the information we provided to Mr. Admire did have 14 clips that included patients within them. Our intention was to send the attorney only the same video clips that were sent to the California Medical Board in January 2014 that contained no video of patients.

We are in the process of performing a detailed review of the clips and matching them to the surgery schedule to identify the patients that were included in these clips. Once we have identified the patients we will notify them as soon as possible. This is a top priority that we hope to have completed by early next week. We are very sorry that this error occurred and that the privacy of these patients was breached.

ECM  asked Sharp to provide more information on the nature of the videos, such as whether the patients’ faces or any intimate areas were revealed.Cihomsky replied that "standard operating room protocols were followed for these patients. Depending on the procedure involved that could have included draping a given patient. Again, to protect the privacy of our patients we are not able to provide you with anything more specific."

Being proactive in notifying patients of the privacy breaches is a positive step by the hospital that could result in some patients forgiving the breach or, alternatively, reaching a settlement if they have serious privacy concerns.

The attorney for Dr. Dorin, however, has asked the court for all videos taken in hopes of finding evidence that could exonerate his client, who claims he used some of the drugs taken on patients or returned them to the anesthesia cart.   Dr. Dorin faces potential suspension of his medical license.

 

Comments

Ah, lawyers.

What we we do without them? First, let's find out how these patients were damaged by the seven thousand videos and what the law says about "loss of privacy." I'm referring to "the facts, which will all pour out in time" from the above Legal21 treatise. Let's at least start with some facts. . . .Personally, when I go into a medical facility and strip down for a digital exam or anything else I'm not going to make an issue of loss of privacy. In fact I thank them for what they do, when I offer up my body for them to do with what they will. I benefit from that, I am not damaged by it, and I don't care if it's on a tape somewhere, perhaps to be used as a training video or for any other purpose. . . .I encourage Sharp Grossmont to dig in its heels.

True Picture Emerging

So far, the SHARP Grossmont Hospital representatives have not been honest with us. On May 9, 2016, despite definitive evidence to the contrary, they issued a false statement about Dr. Dorin, who was cleared by the hospital's own internal investigating body three years ago. The hospital made it seem as if the doctor was under some continual investigation, when in fact he was not. They hang their hat on a medical board investigation that was begun by an unnecessary and malicious reporting by them of all sources. Circular logic and dishonest. If the hospital wants credibility, they need to own up to the facts, which will all pour out in time. Then, on May 9, in an NBC7TV hospital-written news hit piece and an internal SHARP email to thousands of SHARP employees and medical and nursing staff, the SHARP Grossmont Hospital lied again by stating there was only one doctor on the videos (actually dozens were seen on the videos) and that no patient privacy had been violated, captured or otherwise compromised. Another loss of credibility for the hospital, because when, of the meager 12 clips out of 6,996 or so video clips filmed in a year of illegal filming, were sent to the doctor's attorney, another 14 clips of patient images were identified. To this, the hospital issued a statement yesterday (5/12/16) apologizing. Really???? So, let's get this straight: 14 illegal patient privacy violations were picked up by the doctor's attorney out of just 12 submitted about the doctor, begging the question now HOW MANY MORE violations will be admitted to when the other six thousand and whatever many hundred other clips are revealed. You see, the hospital is not being truthful. Now they will have to offer monetary settlements to the patients in the images or lose their accreditation and any hope of regaining the trust and faith of the public. Eventually, there will be a huge class action privacy lawsuit against the hospital, plus whistleblower and defamation lawsuits by several medical staff. The hospital's tall tale, and pathetic attempt to blame and destroy others, is regrettable.