Chanko v. American Broadcasting Companies, Inc.

49 N.E.3d 1171 (2016)

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Nature of the Case

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Facts

Mark was brought into the emergency room. He had been hit by a vehicle, but was alert and responding to questions. Schubl (D) was the Hospital's chief surgical resident and was responsible for Mark's treatment. While Mark was being treated, employees of ABC News (D) were in the Hospital (D)-with the Hospital's knowledge and permission-filming a documentary series about medical trauma. No one informed Mark or any of the individual Ps-most of whom were at the Hospital-that a camera crew was present and filming, nor was their consent obtained for filming or for the crew's presence. Less than an hour after Mark arrived at the Hospital, Schubl declared him dead. That declaration was filmed by ABC, along with Mark's prior treatment. Schubl then informed the family of decedent's death, with that moment also being recorded without their knowledge. Sixteen months later, Marks's widow, P, watched an episode of NY Med on her television at home. She recognized the scene, heard Marks's voice asking about her, saw him on a stretcher, heard him moaning, and watched him die. P saw, and relived, Schubl telling the family of his death. She then told the other Ps, who also watched the episode. This was the first time Ps became aware of the recording of decedent's medical treatment and death. P sued Ds. The court dismissed all causes of action except breach of physician-patient confidentiality against the Hospital and Schubl (the fourth cause of action), and intentional infliction of emotional distress against ABC, the Hospital and Schubl (the fifth cause of action). Ds separately appealed the order insofar as the motions to dismiss were denied. Ps did not cross-appeal. The Appellate Division granted the motions in their entirety and dismissed the entire complaint. Ps appealed.