Pa. Inmate Seeking $50K Saying His Privacy Was Violated

Dec. 11--MEADVILLE -- Claiming his rights to privacy as a patient were violated, a former Crawford County Correctional Facility inmate is seeking at least $50,000 in damages from jail officials and others including the facility's contracted medical services provider.

Ronald A. Johnson, currently listed as an inmate at the Pennsylvania State Correctional Institution-Mahanoy, Frackville, filed a civil lawsuit in Crawford County Court of Common Pleas claiming officials of Crawford County jail and its medical services provider, Pittsburgh-based Maxim Staffing Solutions, violated his legal rights by releasing his personal and medical information without Johnson's consent during the period he was an inmate there between Sept. 11, 2008, and Jan. 29, 2009.

Johnson states the records had been requested by Meadville-based Attorney Jeffrey K. Millin after Johnson had filed a complaint at the jail claiming that his civil rights had been violated by having medications withheld from him, according to related case files.

That information "was turned over without any release signed by the plaintiff or (a) court order," Johnson, who is representing himself in the case, states in his original complaint in the privacy case. Officials "should have known that, absent an emergency or a court order, medical records cannot be disclosed without a patient's consent," it states.

Johnson, via videoconference, and Millin -- representing jail Warden Tim Lewis and jail Records Clerk Patricia Walls -- appeared at a hearing Friday that was presided over by Warren County Senior Judge William F. Morgan. Crawford County's judges all previously recused themselves from hearing the case because it involves county-affiliated employees or persons involved with the county court system, according to case files.

"My medical records should have never been given to anyone" as a matter of individual legal rights, Johnson stated in court Friday.

In filing its formal objections to Johnson's case, however, Maxim states that Johnson "fails to state a claim upon which relief should be granted," and argues that previous similar cases have established, "most importantly," that an incarcerated patient's "right to confidentiality is less than absolute."

Furthermore, the filed objection states, "there are numerous circumstances in which a party's medical records are permitted to be disclosed to other parties without a signed release; among which are cases in which a party has put their medical condition at issue," such as is the case with Johnson.

Morgan said Friday the court will consider the case and issue a decision at an unspecified later date.

Ryan Smith can be reached at 724-6370 or by e-mail at rsmith@meadvilletribune.com

Copyright 2011 - The Meadville Tribune, Pa.