Family sues Oklahoma hospital for HIPAA violation after toddler’s death

A couple is suing McAlester (Okla.) Regional Health Center for violating their adopted 1-year-old son’s federal privacy rights after his 2016 drowning death, according to a News on 6 report.

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Hospital employees allegedly called the boy’s birth mother shortly after he died, who then called the adoptive parents — Denise and Wayne Russell — shortly after, screaming and making threats against the family. The Russells reportedly had to file a protective order, but they believe the problems could have been avoided had hospital employees followed policy.

The Russells had taken care of the boy since he was two weeks old, finalizing the adoption in July 2015 in which the birth mother terminated all parental rights. The boy was almost 2 years old when he drowned after a swimming pool gate was accidently left open, according to the Russells.

The hospital sent the Russells a letter in which it admitted to leaking information and apologized for the inconvenience. The Russells’ attorney, Mark Edwards, claimed that the situation is a clear HIPAA violation in an interview with News on 6.

The boy’s medical records were accessed by multiple people, including a cafeteria worker, according to News on 6. It’s unclear whether the birth mother had a relationship with any hospital employees.

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