The family of Mark Chanko is currently working to appeal a case against "NY Med," ABC, NewYork-Presbyterian hospital and Dr. Sebastian Schubl who filmed his treatment and death without their consent, the New York Times reported.
Mark is a Korean war veteran who died in April 2011 after being hit by a garbage truck while crossing the street near his house. He was immediately brought to NewYork-Presbyterian hospital. His pelvis was broken, and the skin on his left leg was ripped. The doctors tried to revive him as he was still conscious when he was brought to the emergency room, but he became unstable and was declared dead few hours later.
"I did everything I possibly could," said Dr. Schubl to the family members. "Unfortunately, he did not survive. I am sorry."
The narrative above was recorded on camera and was shown by the medical reality show "NY Med." But the problem was that the Chanko family was not aware of it.
Anita Chanko, Mark's widow, saw the "NY Med" episode in August 2012. She recognized her husband and saw his death.
"And then I see, even with a blurred picture, you could tell it was him," she told the New York Times. "You could hear his speech pattern. I hear my husband say, 'Does my wife know I'm here?'"
"I saw my husband die before my eyes."
Pamela, 46, Mark's daughter said that she suffered from clinical depression after watching her father's death. Kenneth, 57, Mark's son who works at a hospital in Ithaca, decided to file an official complaint.
"They basically did everything that you're taught in medical school not to do," Kenneth told the New York Times.
ABC immediately removed the episode from its website, pulled the DVDs from the stores, and canceled future viewings in response to the family's complaint. The family decided to sue the people for privacy violations.
The New York State health department agreed that the hospital violated some privacy policy for failure to inform the patient or the family of the filming. A Manhattan State Supreme judge, on the other hand, ruled that what the hospital did was legal as the identity of the patient was not disclosed. The case was dismissed last November 2014, yet the family is willing to appeal the case.
"If this ever got in front of a jury, I can't imagine a jury not thinking a wrong was done to my father and us," Kenneth said. "Morally and ethically it's not right, and I would also think that legally it can't possibly be right."
