The New York Court of Appeals has ruled that a patient's family can continue their privacy lawsuit because the patient's death was filmed without their permission and aired on medical show, ProPublica's Charles Ornstein reports. The court greenlighted the plaintiffs' claim that doctor-patient confidentiality was breached, but the court rejected the plaintiffs' intentional infliction of emotional distress claim.
“'We conclude that defendants’ conduct here, while offensive, was not so atrocious and utterly intolerable as to support a cause of action'” for emotional distress, the court opined.
The widow of Mark Chanko recognized her husband moaning in pain on an episode of "NY Med." He was treated at New York Presbyterian Hospital after being struck by a vehicle while crossing the street.