By Philip Sean Curran, Staff Writer
University Medical Center of Princeton at Plainsboro and its parent company were sued by a hospital employee with HIV whose medical records were breached by a co-worker, resulting in other employees learning about her condition.
A woman who has worked as a housekeeper since 1988 alleged in a civil lawsuit that she “has seen and heard co-workers gossiping about her and her HIV status, and has been treated with hostility from her co-workers and superiors from the time she became aware of the unlawful disclosure to the present, inclusive of nitpicking and being forced to perform duties outside of her job description.”
The complaint, filed in Mercer County Superior Court on April 1, names the hospital and Princeton Healthcare System as defendants. The woman, a resident of Princeton, was identified in the lawsuit, but the Princeton Packet declined to release her name to protect her privacy. Her attorney, Amy E. Stutzke, did not return a phone call seeking comment Friday.
She is suing over the improper disclosure of her medical records and discrimination related to her medical conditions.
“We take the privacy of our patients’ medical records very seriously and comply with all state and federal laws regarding patient privacy,” Princeton Healthcare System said in a statement issued to the press. “Every employee receives education on patient confidentiality during orientation, as well as annual education on this matter. We also conduct regular audits of medical records to determine if there has been unauthorized access.”
The matter goes back to May 2013, the time when the woman had to be hospitalized at the Medical Center “for a significant time period,” the suit reads. From April to October 2013, she was on temporary disability leave from her job.
In April 2014, she received from Lisa R. Hartman, the chief compliance and privacy officer at Princeton Healthcare System, a letter stating that a co-worker, in August 2013, had accessed the records related to her May 2013 admission to the hospital, the suit said. The letter did not identify the employee, the suit said.
“The letter further indicated that the incident came to PHS’ attention on February 5, 2014, by another employee at the Medical Center who had reason to suspect that the plaintiff’s records had been accessed,” the suit said. Ms. Hartman also indicated that there had been an investigation and that “appropriate action” was taken against the employee who breached the records, the suit said.
“If we suspect a breach of confidentiality, we conduct a thorough investigation,” the Princeton HealthCare statement reads. “If we confirm that a breach has occurred, disciplinary action is implemented up to and including termination of employment.”
The victim, however, was not able to get further information about the matter, the suit said.
The lawsuit also said the woman suffers from a medical condition affecting her left shoulder, called adhesive capsulitis. In December 2013, her doctor recommended that she be put on “light duty” at work, the suit said.
“Despite this request for restriction and requests and doctor’s notes submitted thereafter throughout 2014, PHS refused to left the plaintiff return to work unless she had approval from her doctor that she was able to work without restriction,” the suit reads. “The plaintiff was also told by her superiors that she should simply file for disability if she was unable to reach above her head. Several other references and insinuations to ‘retiring’ or ‘collecting disability’ were made to the plaintiff.”
As a result, she claims she is a victim of discrimination.
