A former hospital employee, speaking on condition of anonymity, said she was one of those who complained to hospital administrators.
“She handed out her son’s cards at Lodi Memorial Hospital, and she even would go as far as to say things to them like, ‘I delivered you a beautiful baby and in return I want four votes,’” the former staffer said. “The hospital has a no-soliciting policy which I assume extends to physicians… I was offended for and on behalf of patients.”
“Our CEO did have a conversation with Dr. Gill about this and it came about because we had a staffer bring to our attention that she heard Dr. Gill saying something like this to a patient,” hospital spokeswoman Carol Farron confirmed this week. “We have had no complaints from patients themselves, however a staffer did bring it to our attention and it’s our policy and our practice if a staffer brings a concern like this to our attention that we would speak to any of the parties involved and just caution them that it’s not appropriate behavior. Because we didn’t have any direct patient complaints, that’s as far as we took it.”
The hospital’s vice president of nursing also spoke with Dr. Gill about the verbal solicitations, Farron said.
“Dr. Gill has a right to advocate for her son, just like any mother would,” Gill campaign spokesman Colin Hunter said today.
Jennifer Simoes, chief of legislation at the Medical Board of California, said things like handing out campaign literature or soliciting votes wouldn’t be actionable by the board, which deals with Medical Practice Act and quality-of-care violations.
“However, absent permission of the patient, using information from patient’s medical records for anything other than the care and treatment of the patient, is something that the Board would look into if we were to receive a complaint,” she said. “The Board would look at the facts of each individual case to determine if there was a violation.”
Molly Weedn, spokeswoman for the California Medical Association, said a physician who provided patient information to a campaign most likely would be violating privacy rules in the federal Health Insurance Portability and Accountability Act (HIPAA) of 1996. But “if the physician was using the information to reach out to a patient on his/her own, then it wouldn’t be considered a violation,” she said.