In 2012, Anita Chanko decided to watch an episode of the show "NYMed," a reality television series that shows events at New York-Presbyterian Hospital in Manhattan. In the middle of the episode, she suddenly realized that she was watching the death of her husband, who had been taken to the emergency room at the hospital in April 2011, after being hit by a truck.
Despite the stringent privacy rules of the Healthcare Insurance Portability and Accountability Act (HIPAA), the death of Mark Chanko was filmed and shown without either his permission or the permission of his family. Mrs. Chanko and her family are suing the ABC network, New York-Presbyterian, and the chief surgery resident who treated Chanko in the ER.
The case brings to light many issues with medical reality shows such as "NYMed." Medical ethicists and organizations such as the American Medical Association believe that these shows exploit patients and their families by showing their pain, suffering, and grief. The producers of such shows believe they are educational for viewers and can inspire people to go into a career in healthcare. Hospitals are using such shows as a prime way to advertise themselves.
The Chanko family has said that they had no knowledge that scenes of Mark Chanko's treatment and death were being filmed.
ABC has removed the episode from its websites and future viewings. Both the hospital and the network admit they did not get consent from Mark Chanko or his family. However, they insist that he was not identifiable by the public. The production company blurred out his face and did not use his name or identifying information, but Anita Chanko recognized him immediately. In addition, a family friend called her to ask her if it had been her husband on the show. The network has stated that because "NYMed" is considered a news show, it is protected by the First Amendment.
HIPAA rules state that no information about a patient is to be shared without the consent of the patient or the patient's family if the patient is incapacitated. The law requires safeguards to protect personal information and sets limits on the uses of that information.
