I've never been a fan of Dr. Oz, or shows like this. Apparently, an episode of NY Med, which is hosted by the infamous Dr. Oz and shows real cases from NY Presbyterian, included a case of a man who died after being hit by a truck. His face was blurred, but the family recognized his voice. According to them, no one asked their permission to air the footage
For the Chankos, the episode of “NY Med” added a coda of anger to more than a year of grief. Their daughter, Pamela Chanko, 46, said seeing the specifics of her father’s injuries and his death on TV sent her spiraling back into clinical depression. “It just sent me straight back to square one,” she said.
Kenneth Chanko, 57, Mr. Chanko’s son, filed complaints with the hospital, the New York State Department of Health, ABC, a hospital accrediting group and the United StatesDepartment of Health and Human Services’ civil rights office.
The show had caused him “great emotional distress and psychological harm,” he wrote in a complaint to the hospital. “I had to unnecessarily relive my father’s death at your hospital a second time, while knowing that the public at large was able to — and continues to be able to — watch my father’s passing, for the purposes of what can only be described as drive-by voyeuristic ‘entertainment.’ ”
ABC quickly removed the segment involving Mr. Chanko from its website, DVDs and future viewings (although not from the promotional blurb for the episode, which still says, “Sebastian Schubl, a Dr. McDreamy-like young trauma surgeon, tries to save the day when a critically injured pedestrian struck by a vehicle is brought to the E.R.”). In 2013, the state cited the hospital for violating Mr. Chanko’s rights.
That was not enough for the Chankos, who sued ABC, NewYork-Presbyterian and Dr. Schubl for damages. An appellate panel recently dismissed the case, but the family has asked for that decision to be reviewed. Dr. Schubl and the hospital declined to comment for this article, citing the continuing litigation. ABC referred a reporter to Mr. Wrong’s statement.
In court filings, the hospital and ABC do not dispute that they did not have consent from Mr. Chanko or his family, but they say the patient is not identifiable to the public. The network has asserted that because “NY Med” is produced by its news division, it is protected by the First Amendment. Lawyers for NewYork-Presbyterian have argued that the state does not recognize a common law right to privacy and that any privacy right Mr. Chanko did have ended upon his death. They say that the Chankos themselves are responsible for their loss of privacy.