Travis Washington.
After 17-year-old Travis Washington died in the Hospital of St. Raphael’s Emergency Room, a hospital clinician present took out a cell phone, snapped a picture of his gunshot wound and sent it off for others to look at.
In the wake of that incident, the hospital has fired three employees. A distraught mother — already coping with the murder of her son — is contemplating a lawsuit.
Washington, a student at Hillhouse High, was gunned down on June 25 near the corner of Percival and Carmel streets in Beaver Hills. Someone shot him multiple times in the chest. He survived long enough to make it to the hospital, but died there soon after.
Shortly after he passed, the hospital contacted Washington’s mother, Virginia Williams. The hospital informed her that a photograph had been taken of her son after his death by a hospital employee and had been shared with others.
Here’s how St. Ray’s spokesman Liese Klein described it Thursday: “Through our internal processes, we became aware of a clinician who had inappropriately photographed the wound of a deceased patient and shared that photo with another staff member, who in turn shared it with a small number of other individuals.”
According to Jerald Barber, Williams’ lawyer, the employee texted the photograph to others, setting off a kind of “phone tree” as the picture was shared further. He said his office is investigating rumors that the photo may have spread online via email or Facebook.
In the meantime, Williams is considering suing the hospital, Barber said. He said the incident is a clear violation of privacy and confidentiality patient rights.
“Something went horribly wrong at St. Raphael’s hospital,” he said.
Allan Appel File Photo
Virginia Williams (right) with well-wishers at a memorial fundraiser.
Williams, who returned to work this week for the first time since her son’s death, declined to speak about the matter. She continues to be very upset not only by the loss of her son but also by the photograph incident, Barber said. Washington’s father, Todd Williams, also declined to comment.
St. Ray’s has taken disciplinary action against the employees involved in the incident, said Klein. “While the patient is unidentifiable in the photograph, the picture was unauthorized and violates our zero tolerance policy relating to patient privacy. As a result of this incident, three employees were terminated and others have received written warnings, documented counseling and there has been related education.”
The terminations happened within 10 days of the incident, Klein said. She said the hospital will not release the titles or other information about the staff who were disciplined, due to “employee privacy concerns.”
The hospital recovered images in the course of its investigation, all of which were deleted, Klein said. “To the best of our knowledge, there were no Internet or social media postings of the image.”
In addition to informing Washington’s family about what happened, the hospital later offered to help with funeral expenses, Klein said. “After learning of the matter, we reached out with and met with the family to express our extreme dismay over this incident, and to convey our deep sorrow on the death of their loved one. Subsequent to that, we learned through media reports of efforts to raise funds to assist the family with burial expenses. We then offered to make a contribution to support these efforts — a contribution that was completely separate from the incident and was never discussed in the context of it. Saint Raphael’s has similarly assisted other families during difficult times, consistent with its mission of reaching out to this community.”
The hospital did not offer a specific amount of money to the family, Klein said. The family did not respond to the offer, she said.
Read about Washington’s family’s fund-raising efforts here.
“The law is pretty clear that without a patient’s consent their medical information is their own private business,” Barber said. “Certainly you have to draw the line when you have individuals taking cell phone pictures.”
The family never gave consent for photos, Barber said.
“Maybe that’s the age we live in now,” Barber said. Cell phone cameras are ubiquitous, so “folks think they can click” a picture of whatever they come across, he said.
Michael Grodin, a professor of health law at Boston University, agreed that it is never acceptable to take or distribute photos of a patient without obtaining consent. “If the case is as you describe it then I would argue that this was clearly a breech of duty, causing dignitary harm and psychological anguish, both of which should receive an apology at minimum and I would support awarding damages,” Grodin said. “I would also fire the employee.”
June Sullivan, a Hartford attorney specializing in health law, said a case like this one could be considered violation of the federal Health Insurance Portability and Accountability Act (HIPAA) or of state confidentiality laws.
A new state law, originally put forward by New Haven State Rep. Gary Holder-Winfield during the most recent legislative session, explicitly prohibits first responders from taking or distributing photos of patients.
With cell phones cameras ever more common, “it’s difficult from health care provider’s perspective” to maintain patient privacy, Sullivan said. “It’s becoming an issue.”
Hospitals are required to train employees on the privacy implications of HIPAA, Sullivan said.
Not nice! Whoever took that photo knew full well they shouldn't have. Although a lawsuit won't bring Travis Washington back, I hope Ms. Washington does sue and get something out of it.