Local Omaha doctor busted for dumping patient files
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Date Reported:
10/5/10
Organization:
Omaha Gastroenterology Consultants, P.C.
Contractor/Consultant/Branch:
None
Location:
"60th and Harrison Streets in Omaha"
Victims:
Patients
Number Affected:
"hundreds"
Types of Data:
"Names, social security numbers, and sensitive medical records"
Breach Description:
An alert Omaha citizen discovered hundreds of medical records in recycling dumpsters allegedly originating from the offices of a local Gastroenterology clinic. The find was reported to and by KMTV Action 3 News.
Reference URL:
KMTV Action 3 News
Report Credit:
Molli Graham, KMTV Action 3 News
Response:
From the online source cited above:
Omaha, NE - Thanks to an alert viewer, KMTV Action 3 News uncovers a frightening find that could put hundreds of people's personal information in danger.
[Evan] Find a breach and run to the news station. Something about this makes me uncomfortable. I guess if it weren't for KMTV Action 3 News, we (and more importantly the patients) might not be made aware of the breach.
Names, social security numbers, and sensitive medical records are left for anyone to find.
We're taking action to protect those records and get you answers.
[Evan] If this isn't a typical TV news tag line, I don't know what is. I have a problem though. Exactly how is KMTV Action 3 News protecting these records? How well versed are they at protecting confidential patient records?
On Tuesday night, we tracked down the doctor listed in those files.
This all started when a concerned viewer came to us with a stack of medical records.
Inside the files is extremely personal information.
The viewer found them in recycling dumpsters near 60th and Harrison Streets in Omaha.
When we went out to the bins, we found at least a couple hundred more files, all from the clinic Gastroenterology Consultants.
The files are filled with intimate and private health issues, their social security numbers, and addresses.
We went straight to the doctor named in the records.
Doctor John Westmore yells, "Go away or I'll call the police," just before slamming the door.
[Evan] They must have come at an inconvenient time ;).
Dr. Westmore, who specializes in colon and stomach issues, refused to talk to KMTV Action 3 News. We went to his patients.
"This is terrible, that's honestly all I can say, honestly I'm flabbergasted," says Willie Maye Bell.
Bell is one of a couple hundred people whose personal information may have been at risk while sitting in the dumpster.
Like Bell's file, the others date back to 2002 and 2003.
Douglas County Health Department tells Action 3 News it's the doctor's responsibility to destroy patient records.
[Evan] Yah think?!
Before Dr. Westmore slams the door, a woman talks for him, "He says they were disposed of properly and that's his only comment."
[Evan] A man's man gets a woman to do the talking for him! (Sorry, I couldn't resist). Obviously, I'm joking.
I answer, "These are pretty personal files and they were found in a recycle bin not shredded."
The woman responds, "When he disposed of them he gave them to the people that were supposed to take care of them." She won't explain who that is and the doctor comes to the door and shuts it.
As for Willie Maye Bell and the other patients, I reassure her the files that were found, are now safe.
[Evan] Again, how? How are these files being protected now?
Since breaking the story Tuesday, we've had a lot of feedback from worried patients. If you are concerned you could be a victim, contact us on our KMTV Action 3 News Facebook page or email me at
Commentary:
A sad breach. Who isn't aware of the requirement to properly destroy unnecessary sensitive information? Do people who throw this information away (or recycle it) do so because it's just too much work to shred it? Maybe just plain carelessness? If so, how comfortable would you be with a careless doctor?
I guess I have more questions that I have answers for this breach.
This article is written by Evan Francen, President of FRSecure LLC.
About FRSecure LLC
Past Breaches:
Unknown
Posted by Evan Francen at 10/11/2010 3:25 PM 
Categories: Omaha Gastroenterology Consultants, Insecure Discard, Dr. John Westmore
Tags: chief security officer security breach HIPAA data breach
Categories: Omaha Gastroenterology Consultants, Insecure Discard, Dr. John Westmore
Tags: chief security officer security breach HIPAA data breach
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