Jan 3, 2018 5 min read

Editor’s Note: This story has been modified from a previously published version to correct that the state Health Department report stated Sheila Harosky was unaware a photo was taken prior to the procedure.

Representatives of the state Health Department made an unannounced visit to Washington Hospital a little more than a year ago and the facility formulated a “corrective action plan” to keep unauthorized photos of patients from being taken.

Operating room unit secretary Sheila Harosky and her husband, Jeff, residents of Washington County, were originally identified only as Jane and John Doe.

They were, however, formally named Friday in an amended complaint filed by the Haroskys’ attorney, Kenneth J. Hardin II of Pittsburgh.

The Health Department report states Sheila Harosky, before her operation, was unaware a photo had been taken of her “prior to the procedure” with her private area included in the image.

Harosky, a 15-year Washington Hospital employee, was a hernia surgery patient at the hospital in September 2016, and she alleged in a complaint filed last month in Washington County Court a scrub nurse used a cell phone to photograph the unconscious Harosky’s exposed genitals.

“The introduction of a cell phone into the sterile operating (room)” placed Harosky at an increased risk for infection, the complaint stated. “An investigation by the Pennsylvania Department of Health revealed that presence of cell phones in the operating room was pervasive at the hospital.”

Harosky claims she was shown the nude photos only when she returned to work at the end of medical leave Oct. 31, 2016, and the next day, discovered the scrub nurse had also shown the pictures to co-workers.

“In utter horror and shock,” she reported the scrub nurse’s conduct to her supervisors and the scrub nurse lost her job.

Harosky also claims she was retaliated against, being given a hand-written note that called her a crude name. After Harosky was fired by the hospital, she and her husband brought suit.

In an email, Hardin pointed out the scrub nurse “admitted to taking the photographs without Harosky’s permission and showed the pictures to at least two other employees. This finding by the Pennsylvania Health Department contradicts Washington Hospital’s assertion that Harosky, in any way, consented to or was complicit in this horrific… act.”

In the report Hardin released Wednesday, the Health Department reviewed Washington Hospital documents and interviewed employees, determining “the facility failed to follow the written policy for use of cellular phones” in the incident it reviewed and “was not in compliance of the Pennsylvania Department of Health’s Rules and Regulations for Hospitals.”

The hospital’s policy limited the use of cell phones during working hours “only in private space away from patients and visitors… The use of cellular phones and other photo-taking, video or voice recording devices is strictly prohibited in all areas of the health system for non-hospital business-related instances.”

A hospital spokeswoman initially declined to comment when the Observer-Reporter broke the story that appeared Dec. 27, but then reconsidered.

In a statement issued by Larry Pantuso, vice president for strategy and clinical services, the hospital disputed the version of events.

It claimed Harosky “initiated and participated in the circumstances giving rise to her lawsuit by bringing fake intestines into the operating room and requesting that they be placed on her abdomen at the time of the surgical procedure as a practical joke on her friends, co-workers and surgeon (Dr. Dennis Brown, who was named in the complaint.)

“Notwithstanding her actions, the hospital promptly initiated disciplinary action against employees who violated its policy on patient privacy and afforded (Harosky) accommodations to facilitate her return to work, and she refused those accommodations.”

Pantuso’s voicemail message noted the hospital would not elaborate.

“Unfortunately, we can’t have any other response except for our written response,” he said.

A call to a number listed for Brown last week reached a recording saying the number was no longer in service

The scrub nurse lost her job Nov. 2, 2016, over the incident.

The Health Department interviewed an employee Dec. 8, 2016, who told them, “Yes, I see a lot of cell phones in the (operating room).”

In light of these deficiencies, the Health Department ordered Washington Hospital to revise its cell phone policy by May 3, 2017, and educate the staff about the changes.

“In the meantime, operating room staff will be re-educated regarding the hospital policy on the taking of patient photographs. All staff must abide by the policy that requires consent of the patient prior to a picture being taken and the use of hospital equipment to take any photographs. No personal cell phones may be used to take pictures…

“This deficiency and corrective action plan will be communicated to the board of trustees at the next joint conference committee in February 2017.”

Harosky wanted the hospital to find another job outside the operating room unit because she was “forever stigmatized” and subjected to a hostile work environment.

After taking various leaves and vacation, she was fired in October 2017.

The initiation of a lawsuit, known as “a writ of summons,” began that month in Washington County Court.

The Haroskys’ are seeking a jury trial and more than $75,000 in damages. No court date has been set.