While My Guitar Gently Weeps...

[Chewbacca]

!!!

Link

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Family claim dying Beatle forced into autograph

BEN McCONVILLE IN NEW YORK


GEORGE Harrison was forced by his doctor to autograph a guitar on his deathbed and had to endure an impromptu concert by the physician’s 12-year-old son, a $10 million lawsuit alleges.

When the former Beatle, close to death, told Dr Gilbert Lederman he could not even remember how to spell his own name, the doctor allegedly grabbed his hand and guided the musician through the signature.

The lawsuit, filed by the star’s estate at the Brooklyn Federal Court, says: "Dr Lederman preyed upon Mr Harrison while he was in a greatly deteriorated mental and physical condition by coercing him to sign an electric guitar and other autographs just two weeks before his death."

Harrison, 58, who penned the hits While My Guitar Gently Weeps, Something and Here Comes The Sun, died on 29 November, 2001, after battling lung cancer and a brain tumour.

His widow, Olivia, and their son, Dhani, are also seeking possession of the autographed guitar and three cards signed on his deathbed.

Staten Island University Hospital, where Dr Lederman is head of radiation oncology, was also named as a defendant, as were Dr Lederman’s three children, for possession of autographed items.

The doctor’s "most offensive, insensitive, bizarre and inappropriate" act, according to the court papers, was bringing his son and two daughters to the Staten Island home where Harrison was staying while undergoing stereotactic radiosurgery treatment.

The complaint says: "Dr Lederman took the children into the room where Mr Harrison was bedridden and in great discomfort. Dr Lederman had Mr Harrison listen to his son play the guitar. Afterwards he took the guitar ... and put it in Mr Harrison’s lap and asked him to sign it."

Harrison resisted, the claim continues, telling Dr Lederman: "I do not even know if I know how to spell my name." Dr Lederman replied: "Come on, you can do this." He is then said to have held the star’s right hand and guided him through the autograph "with great effort and much obvious discomfort".

A photograph of the doctor’s son, Ariel, holding the guitar appeared in the National Enquirer two weeks after Harrison’s death.

The family believes the National Enquirer story was orchestrated by Dr Lederman to raise the guitar’s value.

The suit also contends that the doctor, who treated Harrison at the hospital, created a "circus atmosphere" by giving numerous press interviews and disclosing confidential information about the star’s treatment. He is also alleged to have abused his position of trust with the musician by talking to the media soon after he died, despite promising to keep details of the illness secret.

Dr Lederman’s lawyer, Wayne Roth, said his client, whose voice is heard on radio commercials for the hospital, has no desire to sell the guitar - but noted it had been appraised by Sotheby’s at $5,000-$10,000.

Mr Roth said: "It’s his son’s guitar and the Harrison family doesn’t have any right to that guitar. When the truth comes out, you’ll learn the extent of the relationship between Dr Lederman and Harrison and the circumstances under which it was signed."

Arlene Ryback, a spokeswoman for the hospital, said: "Staten Island University Hospital takes patient confidentiality very seriously and we have not breached that confidentiality."

Dr Lederman was censured and reprimanded last month by the New York State health department for discussing Harrison’s case with the media.

[wellard]

The doc sounds like a grade A a$$hole to me

[Timber Loftis]

When referring to one side's court papers, remember that court papers answer the essay topic:

Please give the absolute best possible version of your side of the story, item by item and fact by fact, while stating the other side's position in the least favorable way.

Therefore, I usually don't put stock in court pleadings unless I read both sides'.

[Chewbacca]

Originally posted by wellard: The doc sounds like a grade A a$$hole to me

Yup. Seems that way on first impression from the article and given some of the facts. We'll see how the lawsuit goes.

[Skunk]

Who witnessed the act and allowed it to continue, one wonders? It wasn't stated.

Even if Harrison obliged a request to autograph the guitar, it is still highly inappropriate request for a doctor who was supposed to be attending to his patients needs rather than his own.

At the very least, I think he should face a professional misconduct hearing - unless he can prove that the signatures took place before Harrison was bed-ridden or that Harrison made the offer, rather than responded to a request.

[ 01-09-2004, 10:31 AM: Message edited by: Skunk ]

[Cerek the Barbaric]

Originally posted by Skunk: Who witnessed the act and allowed it to continue, one wonders? It wasn't stated. Even if Harrison obliged a request to autograph the guitar, it is still highly inappropriate request for a doctor who was supposed to be attending to his patients needs rather than his own. At the very least, I think he should face a professional misconduct hearing - unless he can prove that the signatures took place before Harrison was bed-ridden or that Harrison made the offer, rather than responded to a request.

I agree completely Skunk. Having worked in the healthcare field for 12 years and also been a patient many times during that period, I can state with absolute certainty that the doctor made a MAJOR breach of patient confidentiality. And it doesn't matter that George Harrison was a celebrity. The new HIPAA regulations regarding a patients right to privacy are VERY strict and are also very strictly enforced.

While the doctor did receive a reprimand for his actions, that falls short of the transgression he committed. He should definitely face a professional misconduct hearing and perhaps even have his privileges suspended for a short period of time as punishment. The suspension for breach of confidentiality should not be permanent, because it doesn't represent an endangerment to other patients and one lesson should be adequate for the point to be learned.

However, if the rest of the allegations are true...then that brings up questions of ethical misconduct. That's a harder case to prove, but I think it should carry a more severe punishment if it is proven.

Or to put it another way - I could overlook the doctor releasing private health information to the media regarding a celebrity...but if he put his personal interests above and before the treatment and comfort of his patient, then he should face the possibility of losing his license based on ethical violations.

I wish Attalus were still around. He could give us an inside perspective on exactly what penalties the doctor should face.

[WillowIX]

Originally posted by Cerek the Barbaric: Or to put it another way - I could overlook the doctor releasing private health information to the media regarding a celebrity...but if he put his personal interests above and before the treatment and comfort of his patient, then he should face the possibility of losing his license based on ethical violations. I wish Attalus were still around. He could give us an inside perspective on exactly what penalties the doctor should face.

I disagree with you here Cerek. A doctor is under no circumstances allowed to breach doctor-patient confidentiality to anyone. He could possibly have said "a 55 year old male" but that's all. Period! And revealing the age is border-line. Information to the media should be handled by a relative, or agent/lawyer, who has gotten his information directly from the patient.

Up here he would have gotten himself a reprimand, a suspension, and a hearing! If he is a first-time offender. The second time it's bye-bye. If everything stated in the article is true he will have his license cut immediately. And he should probably expect a call from his employer's legal advisers.

[ 01-10-2004, 04:44 PM: Message edited by: WillowIX ]

[Cerek the Barbaric]

Originally posted by WillowIX: quote: Originally posted by Cerek the Barbaric: Or to put it another way - I could overlook the doctor releasing private health information to the media regarding a celebrity...but if he put his personal interests above and before the treatment and comfort of his patient, then he should face the possibility of losing his license based on ethical violations. I wish Attalus were still around. He could give us an inside perspective on exactly what penalties the doctor should face.

I disagree with you here Cerek. A doctor is under no circumstances allowed to breach doctor-patient confidentiality to anyone. He could possibly have said "a 55 year old male" but that's all. Period! And revealing the age is border-line. Information to the media should be handled by a relative, or agent/lawyer, who has gotten his information directly from the patient.

Up here he would have gotten himself a reprimand, a suspension, and a hearing! If he is a first-time offender. The second time it's bye-bye. If everything stated in the article is true he will have his license cut immediately. And he should probably expect a call from his employer's legal advisers. [/QUOTE]I'm sorry, Willow, I didn't state that part of my post very clearly. I had said earlier that the Dr. had violated the patients confidentiality and deserved to be reprimanded and suspended for his actions. When I said that I could "overlook" him releasing this information, I was speaking of that offense in comparison to the completely unethical actions he took of trying to get George Harrision's autograph and also forcing him to listen to his kids impromptu concert.

The offense of breaching Harrison's confidentiality should (and DID) get him a censure and reprimand (from the State of New York, but not from his hospital). However, he was still allowed to keep his license. I was stating that the offense of his "circus atmosphere" actions should lead to the revocation of his license by the State of New York. A suspension is not acceptable for that level of unprofessionalism. He should lose his license and be barred from practicing medicine at all because of that.

Sorry for the confusion, because I certainly do not condone ANY of the actions taken by the doctor...and having had my OWN confidentiality breached by doctors at my hospital before, it is an offense I DO take seriously....but - on a personal level - I would still have been FAR more upset by the doctor's other actions than by him breaching my confidentiality.

[Timber Loftis]

Once the lawsuit is filed regarding the doctor's conduct to the patient, the door is open as to that information becoming admissable in court. As to whether such information would be sealed from the public, that would actually be the judge's decision and based on facts and circumstances as the judge saw them.

Prior to the case being filed, the question of how confidentiality should be handled is actually a question for the health care professionals, and I trust Willow and Cerek have answered this well.