Chanko v. American Broadcasting Cos.

While the decedent in this case was being treated in the emergency room of The New York and Presbyterian Hospital (Hospital), employees of ABC News, a division of American Broadcasting Companies, Inc. (ABC), filmed the decedent’s medical treatment and death without consent. ABC later broadcast a portion of the footage as part of a documentary series about medical trauma. Plaintiffs, the decedent’s family, commenced this action against ABC, the Hospital, and the decedent’s treating physician, alleging breach of physician-patient confidentiality and intentional infliction of emotional distress. Defendants moved to dismiss the complaint. Supreme Court partially granted the motions. The Appellate Division modified Supreme Court’s order by reversing the portions of the order that were appealed, granted the motions in their entirety, and dismissed the entire complaint. The Court of Appeals modified the Appellate Division order to reinstate the cause of action against the Hospital and treating physician for breach of physician-patient confidentiality, holding (1) Plaintiffs stated a cause of action against these defendants for breach of physician-patient confidentiality; but (2) Defendants’ conduct was not so atrocious and intolerable as to support a cause of action for intentional infliction of emotional distress. View "Chanko v. American Broadcasting Cos." on Justia Law