Case details

Psychiatrist wrongly disclosed patient’s information: lawsuit

SUMMARY

$2750000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
In 2014, plaintiff Ronald Turner, a fleet maintenance inspector for the U.S. Forest Service, was treated by a psychiatrist, Tracie Rivera, at a medical clinic operated by the U.S. Department of Veterans Affairs. Turner was a veteran with post-traumatic stress disorder and began treating with Rivera sometime after completing his military service. Turner contended that his confidential medical information was wrongly released to his supervisor and the police by Rivera. Turner claimed that as a result, he suffered aggravation of his post-traumatic stress disorder and was terminated from his employment with the Forest Service. Turner sued Rivera and Rivera’s purported employers, Locumtenens.com, LLC, LT Medical, LLC, and the U.S. government. Turner alleged that Rivera was negligent for disclosing his medical information in violation of his privacy and that Rivera’s employers were vicariously liable for her actions. The U.S. government was let out of the case after being granted summary judgment. Plaintiff’s counsel contended that Turner initially met with a Veterans Administration counselor to discuss stress and anxiety that he was having at work and that the counselor asked Turner hypothetical questions about feelings Turner had about his supervisor. The counselor brought in a colleague, they agreed on a crisis plan, and they told Turner to come back in three days for another session. Plaintiff’s counsel noted that Turner’s supervisor and police were not notified, as the counselor and colleague did not feel Turner was a threat. Counsel contended that when Turner came back for a follow-up session, the counselor said Turner was successfully using his crisis plan and that Turner “appeared relaxed and grounded.” Plaintiff’s counsel maintained that Turner had an appointment with Rivera nine days later and that, at that time, Turner had no intervening emergencies. Counsel contended that, during the hour-long appointment, Turner told Rivera about the session he had with the VA counselor but stressed that the counselor’s questions were all hypothetical and that Turner did not want to harm his supervisor or anyone else. Plaintiff’s counsel asserted that, following that appointment, and despite no change in Turner’s condition or diagnosis, Rivera disclosed Turner’s confidential medical information to Turner’s supervisor and the police. Defense counsel contended that although Turner indicated that he did not intend to execute the plan, Turner’s post-traumatic stress disorder and the detailed nature of the plan caused Rivera to believe that it could be executed. Counsel also contended that Turner posed a risk to his supervisor and that Rivera had a duty under California law to warn the supervisor and law enforcement., Turner was questioned by police and fired from his job. He claimed that he felt publicly humiliated and shamed. Turner served for more than 20 years in the U.S. Marine Corps, including combat duty in Iraq that left him with post-traumatic stress disorder. He managed his symptoms with psychotherapy and other measures. He was also married for 26 years, had no criminal record or history of violence, and did not abuse drugs or alcohol. Turner claimed that Rivera’s disclosure aggravated his post-traumatic stress disorder and resulted in him losing friends in his community. He also claimed that he lost his job at the Forest Service as a result of Rivera’s disclosure. In addition, he claimed that the disclosure prompted him to lose trust in obtaining medical treatment from the Veteran’s Administration, so he has had to obtain medical care elsewhere. Turner sought recovery of economic damages for his past and future medical costs relating to his post-traumatic stress disorder and continuing care. He also sought recovery of economic damages for his past and future lost wages. In addition, he sought recovery of noneconomic damages for his past and future reputational damage, past and future emotional pain and suffering, future inability to trust mental health practitioners, loss of the satisfaction and stability derived from his work, and humiliation from being subjected to investigations by the police.
COURT
United States District Court, Northern District, San Francisco, CA

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