[csarver]

If a person fell at a restaurant and was injured, sought medical treatment. The doctor told the owner of the restaurant that the person's injuries was exaserbated by his weight. Is this OK?

[Fr_Chuck]

Who was paying for the doctor, if the restaurant sent him to a doctor and was paying for it, they were the client and he was being treated by the doctor for the restaurant. That is my first issue, who was the doctor working for.

[ScottGem]

Let me get this straight. The owner of the restaurant contacted the doctor and the doctor told him that the injuries were exacerbated due to his weight.

Are you sure it was the restaurant owner who called or his insurance company. Did the person file a claim against the restaurant?

If a claim was filed, that might have given the doctor permission to discuss the case. But if the restaurant owner just called the doctor that would be a HIPAA violation.

Another kicker is who paid for the doctor. If the restaurant paid for it, then the owner might be within his rights.

But even if this did happen, why do you think its important?

[csarver]

The restaurant owner was speaking with the doctor. The restaurant was paying for it since the guy fell in the restaurant. I wouldn't think it would be ethical for the doctor to say "this guy was overweight and that is why his injuries were so bad".

[Fr_Chuck]

This is where the issue is, since the restaurant is paying for the serice, they are the client, and they are working for the benefit of the people paying them, In fact I would assume they got the bill which showed exactly all the treatment he received and they would know what treatments were received even.

Now if the person went to his own doctor, and signed that he would be responsible for the bill, and then merely gave the bill for them to pay him back, that is different. For example when we sent people to the company doctor for a workers comp injury we would get a complete report on the injury.

[J_9]

When it comes to an issue such as this, the doctor is responsible for telling the restaurant owner/manager the cause or possible cause of the injury so that it may or may not be claimed on the restaurant's insurance.

You do not state specifically the sequences that lead up to the fall in question, therefore the question asked is rather hard to answer appropriately. Was there water on the floor and no "wet floor" marker in place? Were the floors recently waxed? Etc.

To fully answer your question the precipitating events would need to be known.

[JudyKayTee]

When it comes to an issue such as this, the doctor is responsible for telling the restaurant owner/manager the cause or possible cause of the injury so that it may or may not be claimed on the restaurant's insurance.

You do not state specifically the sequences that lead up to the fall in question, therefore the question asked is rather hard to answer appropriately. Was there water on the floor and no "wet floor" marker in place? Were the floors recently waxed? Etc.

To fully answer your question the precipitating events would need to be known.

Exactly - if someone's legs buckle because of excess weight, that's one thing; if the floor is wet or there is debris, that's another; I don't understand the part that the excess weight played in the fall - ? A lot will ride on the accident/incident report. Also - when a fall is involved the footwear is important. If I fall in stilettos it's a lot difference from falling in sneakers.

My other thought would be if a person is overweight it's rather obvious so I don't think this would be big news to the restaurant.

I run into this frequently - people file a claim for an injury or payment of medical bills resulting from an injury and then are upset that medical information is released to the person they are filing against. Once you file that claim your life concerning that incident (and this can involve life style - recreational drugs, prescriptions, underlying health conditions) can and very possibly will be released. I have never seen an ER report or a Physician's Report following an injury that did not include a history of some sort and often that history is something the injured person would prefer not be released.

I see people particularly upset when it's a workplace injury and suddenly the employer knows something the employee would prefer kept confidential.

Obviously if you are talking serous injury and lawsuit, then your whole life is exposed.

I see no HIPAA violation here -

[ScottGem]

Ok, we have now eliminated any chance that this was a HIPAA violation. The restaurant was paying for the treatment, therefore they were entitled to know the diagnosis. Since they were approaching this from the angle of an insurance claim, then contributing factors were relevant. So I don't see anything unethical in the doctor's statement. If this came to a trial. The doctor would certainly be asked this question.

So I don't see anything untoward here. No HIPAA violation, no breach of ethics.