Did Michael Jackson's Former Nurse Ignore Confidentiality and Privacy Rights?

Did Michael Jackson's former nurse seek personal publicity and blatantly ignore privacy rights in violation of HIPAA? On a related note, does the attorney client privilege survive the client's death?


By Rick Shapiro, Attorney/Co-Editor of Va. Beach, Norfolk, NE NC Injuryboard Blogs

HIPAA Governs Patient Privacy As To Medical Providers-
HIPAA is the main federal law protecting patient privacy and confidentiality, which stands for the , and it protects confidential patient information. Yes, it has been an administrative headache for medical providers, but has an imporatant overall purpose of protecting this information from the encroaching "Big Brother" syndrome of your patient information getting into the hands of employer's or prying eyes of those with no rights to this information. The Act might just protect you from your doctor or nurse volunteering to speak out on a national news program like CNN and announcing to the world that you abused drugs, or may stop your provider from saying something to harm your reputation in print! Whether nutritionist Cherilyn Lee did or did not breach confidentiality would be up to the board governing her profession, presumably in California and believe me, lots of folks have emailed the California Board of Registered Nursing (BRN) asking this question.

As to the privacy rights of patients surviving death under HIPAA the World Privacy Forum is a nonprofit, non-partisan, 501(c)(3), public interest research group and its website includes the following on this point:

Do Privacy Rights Survive Death?

Yes. Under HIPAA, a patient's privacy rights survive death and last forever. We are not sure how much sense that makes, but that is what the rule provides. A deceased patient's legally authorized executor or administrator, or a person who is otherwise legally authorized to act on the behalf of the deceased patient or patient's estate, can exercise the privacy rights of a patient.

Attorney Client Privilege Survives Death-

The attorney-client privilege would not simply evaporate when your client expired/died, and respecting a public figure like Michael Jackson any disclosures clearly could have a possible adverse interest on the client's estate.


As a matter of fact the US Supreme Court ruled in 1998 that the attorney client privilege survives death in Swidler & Berlin v. United States, 118 S. Ct. 2081 (1998).

There, the United States Supreme Court held that there is no posthumous exception to the attorney-client privilege for communications with substantial impact on criminal proceedings.

The Supreme Court stated that preservation of the privilege after death would be consistent with a clients' best interests. Survival of the privilege would encourage the kind of open and frank communication between clients and their lawyer which the privilege was intended to achieve. The court did touch on reputation, civil liability, and potential harm to friends and family, as other reasons supporting the attorney client privilege "surviving" death of the client.


Attorney Client & Patient Privacy Rights Surviving Death--Did Michael Jackson's Former Nurse Ignore Confidentiality and Privacy Rights Under HIPAA? | InjuryBoard Virginia Beach

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I believe ALOT of people are breaking his confidentiality rights now that he's gone.

SONS OF BITCHES

I'm sure that when they get sued, that a loophole will be found as it usually does. All the speculation about Michael's death - disclosing the condition of his body that was uncovered during a medical process - should also be against HIPAA.

It's as if just because you're a celebrity - dead or alive - that all your rights are lost. This world - I'm telling ya' - the ride is getting ridiculous.

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I'm not sure about this. I do admit that I haven't kept up with recent developments.

The impression I got is the former nurse is not disclosing info from treating Michael as her patient. If he called her, begging for the drugs and she wasn't his nurse at that time, I don't think HIPPA matters here. Also, she isn't disclosing info from his personal medical records.

She may get sued anyway, but I'm not sure it will be due to a violation of his privacy under HIPPA.

yeah this is like a Catch 22 imo.

If what she says is untrue, she will get sued.

If what she says is true, it will be confirmed with a lawsuit.

If she violates HIPPA and only loses her license but makes $1 million on the talk show. circuit?

Do the math.

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Attorney-Client under the Federal Rules lasts even after the client's death, however, under CA it is terminated after the client's death or at the end of the probate process-when the estate is settled. So, basically it depends on the state.

There are several exceptions to the attorney-client privilege though but none pertain to MJ at the moment. 1) Malpractice lawsuit (so attorney can protect himself against the client), 2) When there is a debate about the client's wishes during the probate process, 3) crime-fraud exception (The client may create or place someone in some sort of lethal harm)- this is at the attorney's discretion.

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the nurse,bodyguard, former nanny ..... MJ didnt have these people sign confidentiality papers????

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tHAT'S THE Thing that bothered me the most after he died and
they (((disclosed))) the condition of his body that was uncovered
during a medical process. He had this mark and that on his body he
was bald and wearing a wig???? I;m like my god?????? Give the man
some privacy don't reveal everything 2 the public. At least give him'some privacy in death that he didn't get in life. Us knowning all that just
made it sadder 4 me. RIP Michael !!!!!!.

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