EMT Held Liable for Damages and Attorneys Fees for Violating Patient’s Privacy: Lessons to Be Learned

In a ruling that sends a strong message about the importance of EMS personnel respect for patient privacy, the Wisconsin Court of Appeals upheld a jury's verdict that an emergency medical technician invaded a patient's privacy by revealing confidential information about a patient the EMT treated and transported, allegedly about the patient's overdose. The court upheld an award against the volunteer EMT for $3,000 in compensatory damages, and $30,460 in attorneys' fees. The case was brought under Wisconsin law, and not the recently enforced HIPAA federal privacy regulations (which do not have a private right of action). This case really underscores the importance of having in place strong patient confidentiality laws, even if your EMS organization is not a covered entity under HIPAA. Here the volunteer EMT was sued individually, as was the EMT's volunteer fire department and its insurance company. (Pachowitz v. Ledoux, 2003 WL 21221823 (Wis. App. 5/28/03)

Here's what happened according to the court ruling issued May 28th:

The FactsThe defendant EMT and three other members of the volunteer department responded to an emergency 911 call at the plaintiff's residence regarding an overdose or possible overdose. Upon arriving at the residence, the ambulance crew discovered the patient unresponsive and with poor vital signs. After treating the patient and transporting her to the hospital, the EMT returned home and later spoke to a friend, to discuss the fact that she had assisted in transporting the patient to the hospital emergency room for a possible overdose.