Legal Question in Workers Comp in Pennsylvania

Breech Of Medical Cofidentiallity

I've been off work and receiving benefits under the PA Heart & Lung Act. On Easter Sunday (4/15/2001) a major article was printed on the front page of our local newspaper. The article focused on several city employees, who were off injured and receiving benefits. I was part of that focus. The City Managing Director released confidential medical information to a reporter. Part of the article read that I was diagnosed with ''Attention Deficit Disorder.'' It was mentioned several times throughout the report. Several other city officials declined comment as they were concerned with the matter of confidentiallity. I learned that the City Solicitor actually urged officials, contacted by the reporter, to refrain from releasing confidential info. to the press for release.

The article casued alot of grief and embarrasment for me and my family. Long before the article was released I was treated properly by a specialist and cleared to return to active duty. However, the City did not allow me to return. Had I been returned back to work the article would not have included my case and I would not have been subjected to the negative impact of the article. Do I have some sort of a case here?

Thanks,


Asked on 11/21/01, 3:51 pm

1 Answer from Attorneys
William Marvin Cohen, Placitella & Roth, P.C.

Re: Breech Of Medical Cofidentiallity

Very hard to say, because there's issues of public interest in government, and Pennsylvania's immunity law which may not have an exception for the type of action you've suffered.

Such a sensitive situation requires consultation with a lawyer who can review all the facts and give advice.

PA does recognize a cause of action for breach of confidentiality, as by a doctor, but it's hard to say whether city administrators might be liable.

As to the failure to offer you a job, that's very complex as well. I suspect there's some politics going on.

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Answered on 11/21/01, 4:33 pm


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