As reported by CBS, a number of Dr. Nikita Levy’s patients are worried that they may have been videotaped or recorded by him during gynecological or obstetrical visits and that the recordings may have been uploaded to the Internet. At the present time, there is no evidence that has happened, but some lawyers are recruiting patients for what promises to be some serious litigation as a result of the doctor’s actions. At least one lawyer, however, thinks that Johns Hopkins may escape liability if the doctor was not acting within the scope of his employment.
Frustratingly, I still haven’t received any answer from Johns Hopkins clarifying their statement as their offer of counseling to patients. In the past, Johns Hopkins has done an admirable job of responding to breaches, and if they are not legally liable, I trust they will want to do the right thing for the affected patients. Their response to this breach will be particularly challenging, and counseling services – if they are genuine counseling or mental health services – could go a long way to mitigate harm.