Medicine and the Media: Balancing the Public's Right to Know With the Privacy of the Patient

Abstract

The discussion surrounding the release of celebrity health information to the media is not a new issue for health care professionals to consider. The rapid dissemination of updates concerning the health of a “public person” is now available to a wide audience through Internet communication and social media systems. The “appetite” of the news organizations and the public at large to obtain “breaking news” on a medical topic of interest involving a recognized political figure, sports star, or entertainer needs to be carefully weighed against the current laws intended to protect the privacy of the individual. Minute-by-minute, no longer day-to-day, updates seem essential through a variety of media, including a mobile phone and other handheld electronic devices. Competition between news services has only increased the demand for the latest news. Regrettably, the more sensational and potentially unbelievable the health-related news story, the more likely it will be distributed faster and farther to a larger audience using contemporary electronic media. Two fairly recent events provide reason to pause and consider both the legal and the ethical standards involved in release of medical information by health care professionals. The tragic shooting of Congresswoman Gabrielle Giffords on January 8, 2011, captured the attention and concern of individuals throughout the world. She was one of 19 victims of this mass shooting, and there were 6 fatalities. Treating physicians were quick to reveal information regarding her condition to a shocked public. Regular updates on the nature of her injuries and the progress of her recovery were provided to an absorbed press trying to offer answers to a gripped national and international audience. According to separate reports, Ms Giffords’ husband, Astronaut Mark Kelly, gave the University Medical Center in Tucson, AZ, permission to disclose certain facts relevant to her progress and prognosis.1 A spokesperson for the hospital stated that any of the information released to the press would be discussed before-hand with her family.1 Despite Mr Kelly’s approval, some privacy experts remained surprised at the amount and type of health care data the press were privy to. Included were concerns of whether Ms Giffords herself would have approved of having so many medical and personal details being shared with a wide audience.1 Compared to Congresswoman Gabrielle Giffords’ extensive media exposure, the release of health information to the press surrounding the serious medical condition of Steve Jobs (CEO of Apple Inc) was far more reserved. Mr Jobs gave permission to release further information to the public several days after a Wall Street Journal article reported that he had received a liver transplant 2 months previously.2 During a June 2009 press release, the head of transplantation James D. Eason, MD, of the University of Tennessee Health Science Center, acknowledged that Mr Jobs had earlier undergone a liver transplant at that institution.3 The release detailed his progression through the United Network for Organ Sharing system as well as limited information about his present condition and prognosis.3 The report finished with a statement confirming that the “hospital respect[s] and protect[s] every patient’s private health information and cannot reveal any further information on the specifics of Mr Jobs’ case.”3 On August 24, 2011, Mr Jobs resigned his leadership position, indicating he “could no longer meet my duties and expectations as Apple’s CEO.”4 No further information was provided regarding this decision.4 The current article will explore the tort law and constitutional restrictions placed on the disclosure of information into the public forum. This will lay the framework for a discussion related to the exchange of health care information. Both ethical and legal standards are described with emphasis on the important role of the Health Insurance Portability and Accountability Act of 1996 (HIPAA).