No agreement has been reached between Miami-based HCA Kendall Hospital and a plaintiff who sued the hospital, after an employee posted them online.
Jose Fabian Lopez sued the hospital in 2022 after an employee took pictures of his son, Jose Lopez Canizares, in the trauma ward and posted them to Instagram, Miami New Times reported July 24.
Mr. Canizares had been airlifted to the hospital after a motorcycle accident and was unconscious when he arrived May 28, 2022. The employee took at least three pictures of Mr. Canizares, texted them to co-workers and posted one on Instagram.
The lawsuit alleges that Kendall Hospital was aware of the pictures as early as June 1, 2022, but didn't tell Mr. Lopez about them until his son died on June 23, 2022.
Mr. Lopez is suing the hospital for invasion of privacy and intentional infliction of emotional distress, among other counts. According to the Times, the hospital's attorneys are fighting to get the claims dismissed, arguing that if a breach of privacy occurred, it happened to Mr. Canizares, not Mr. Lopez.
A June mediators report found no agreement had been reached between the defendants and the plaintiffs. As the two parties move slowly toward trial, Mr. Lopez has filed a proposal for settlement. Alex Marcovich, the employee accused of posting the pictures, has been named as a defendant, alongside the hospital.
"Protecting patient privacy is a top priority for HCA Florida Kendall Hospital, and we have clear policies in place and provide regular training to our staff," a HCA Florida Kendall Hospital spokesperson told Becker's. "We also have a system of checks and balances, which led to us self-reporting this incident. We hold our colleagues accountable at all times and provided immediate retraining to our entire team regarding the importance of privacy, and we will continue to do so. We send our heartfelt condolences to the Lopez family at this time."