The hospital employee posted the unauthorized picture of Lopez’s son on Instagram on May 28 shortly after the younger man was airlifted to the emergency room for remedy of his accidents in a motorbike accident. The worker posted the picture with emoji symbols and tagged a co-worker within the submit, Lopez says.
The father is now suing HCA Florida Kendall Hospital in Miami-Dade County court docket on counts for medical privateness violations, negligence, and infliction of emotional misery.
“[The] public show of horrific photos has induced and can proceed to trigger immeasurable profound grief,” the lawsuit states. “The grotesque conduct is surprising to the conscience.”
Lopez’s son, Jose Lopez Canizares, was struck by a car in Kendall Lakes whereas driving his motorbike close to SW 137th Avenue and SW 56th Street. The car’s driver had allegedly run a pink mild.
The 18-year-old was airlifted to the hospital however by no means regained consciousness. He handed away June 22.
A hospital privateness official knowledgeable Lopez concerning the social media submit the day his son was taken off life assist, in line with the grievance. In an apology letter, the hospital acknowledged that the worker had impinged on Lopez’s son’s medical privateness. The letter famous that the posted image had been faraway from the worker’s social media and that the hospital was retraining its employees on affected person privateness issues.
“We have addressed the scenario and are taking steps to stop such incidents from occurring sooner or later,” reads the letter, which is included within the court docket file.
The hospital at first didn’t present Lopez with the picture in query, which the lawsuit alleges “solely additional served to compound [Lopez’s] grief and stress.”
He finally obtained two photos: the one referenced within the letter and one other image on a unique hospital employee’s Instagram profile, which depicted his son being transported to the hospital by helicopter.
“HCA Florida Kendall Hospital facilitated the actions of the posting of those photos on social media by both nonexistent or insufficient or inadequate coaching,” the lawsuit alleges.
The grievance provides: “Given the ‘viral nature’ of the web, it isn’t recognized how lengthy the photographs have been displayed, and whether or not the photographs have been circulated or disseminated by different Instagram customers to their pages.”
The hospital didn’t return New Times‘ request for remark.
This is not the primary time a Miami hospital worker has allegedly shared an unauthorized picture of a affected person on social media. A neonatal intensive care nurse at Jackson Memorial Hospital was fired final 12 months after she was accused of posting a photograph of a child with a start defect on social media. The submit confirmed the child affected by gastroschisis, a medical situation the place the intestines are uncovered.