A former hospital patient, whose leg infection was photographed by a nursing student and then shared with diners in a restaurant, has settled a personal injury lawsuit, as reported by The Island Packet and Beaufort Gazette.
Hilton Island resident, S.B., alleges that a Hilton Head Hospital employee violated her privacy and that the hospital was aware of the breach and covered it up.
S.B. was a patient in the hospital in late 2009 for treatment of an infected tattoo on her upper right thigh.
J.N. was employed by the hospital and, the suit alleges, used her position to invade plaintiff's privacy and make copies of photos of her infected leg - and then J.N. proceeded to show them around to a group of people at a Mexican restaurant in Bluffton.
Both J.N. and the hospital were named in a suit, filed on April 20, asking for $150,000 in punitive damages. An additional $291,000 sum was sought from the hospital in punitive damages citing negligence, civil conspiracy and breach of contract.
The exact terms of the settlement were not disclosed to the press. S.B., J.N. and the hospital were unavailable for comment.
Kelly Presnell, the hospital's spokeswoman, said in an e-mail that "due to the confidential nature of the issue" she would not comment on the suit.
The suit states that J.N. showed the photographs to a Hilton Head Hospital nurse and the manager of the restaurant, among others, on January 12, 2010.
On January 13 the restaurant manager called the hospital and reported what had occurred to both J.N.'s supervisor and a hospital privacy officer. The hospital then interviewed both J.N. and the other nurse that allegedly was at the restaurant that day. The tip was confirmed, and J.N. was told to delete all of the images from her camera.
But, in the course of the hospital's investigation and follow-up actions, they failed to notify S.B. of the breach to her privacy.
The restaurant manager contacted S.B. in August directly to ask if she had been contacted by the hospital, and, she had not. By September 15, S.B. contacted the hospital herself.
On September 29, however, the hospital's privacy officer wrote in a message to S.B. that the hospital was not aware of J.N.'s actions - and that S.B.'s recent call was the first time they had learned of the incident.
After this, J.N. admitted not only the act of showing the photographs in the restaurant, but that she had also been interviewed by hospital staff in reference to the incident, and, told to delete the images.
The hospital had fired J.N. on September 17, 2010, according to court records.
The hospital later said that since J.N. allegedly did not identify the patient by name, when she shared the photographs, that it was not a breach of privacy.
In a second investigation, prompted by S.B.'s call, the hospital disclosed the incident to the U.S. Department of Health and Human Services.
A personal injury does not have to entail a physical injury to warrant a lawsuit. If you have had your rights violated by the actions of someone else, contact a personal injury lawyer to discuss your case.