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Patient Theft Allegations in Dr. Frank Ryan's Death

9/30/2010 8:00 AM PDT BY TMZ STAFF

A Beverly Hills plastic surgeon is trying to "steal" the patients of Dr. Frank Ryan -- the celeb doc who died in a car accident last month -- this according to several of Dr. Ryan's former patients.

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One month after Dr. Ryan died on Pacific Coast Highway, many of his patients received emails from the office of Dr. Gary Motykie (pictured above right) -- explaining that several of Ryan's staffers have moved to his "team." The email also includes an invitation to an open house at his office.

But several of Dr. Ryan's patients are pissed that Motykie was privy to their contact information -- and fired back emails saying things like:

-- "I have NEVER met you, nor have I ever authorized you to use my contact information for YOU or anyone else other than Dr Ryan! This is a total breach of confidentiality"

-- "This soliciting for business is completely unethical"

-- "Dr Ryan would be FURIOUS! Shame on you for trying to steal Dr Ryan’s patients"

While it might be tacky, officials at the U.S. Department of Health and Human Services tell TMZ that it's not a violation of privacy laws to share contact information "as long as it's for treatment purposes or a doctor referral" -- and officials tell us this situation seems to fall under those parameters.

A rep for Dr. Motykie tells TMZ, "The assertion that Dr. Motykie has illegally solicited Dr. Ryan's former patients is untrue."


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61 COMMENTS

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1.

ScroogeMcDuck    

Slow news day?

1484 days ago
2.

Anon E Mouse    

This is highly unethical.
This guy is going to get into a lot of trouble.

1484 days ago
3.

Bobertbobert    

Forgotten by the unaffected parties is the patients' good. Both reasons cited as justifying use of personal information have, in this case, been perverted. The reasons pertain to treatment of the patient, not solicitation for business and the source of those remarks ought not to be in their position. Those rules were for the patient's benefit, not Doctors.

1484 days ago
4.

tgrfan42069    

-- "I have NEVER met you, nor have I ever authorized you to use my contact information for YOU or anyone else other than Dr Ryan! This is a total breach of confidentiality"
--------------------------------

uhhhhhhhh they cant blame Dr. Gary Motykie for him getting the info..its obvious that one of ryans people had to give him the info..for ryan's people would have been the only ones in possesion not unless he hacked into their stuff..so if they are gonna be angry be angry that ryans people gave out their info.

1484 days ago
5.

mrspatrickcampbell    

Dr Gary appears to be a homosexual.

Discuss.

1484 days ago
6.

Laura    

This is a clear case of HIPPA violation Which is a Federal Law. Who ever disclosed the patients confidential information, doctor or nurse, can lose their licenses or be suspended, or fined by the California Medical Board or State Board of Nursing. You need ti file a formal complaint against their licenses with these agencies.

Remember what individuals did at UCLA did with celebrity information? There's no differece. I would send a letter to this doctor's office advising him he has violated your rights to confidentiality. Next take his email and yourself to a hot shot attorney, and wait for a fat check to be mailed to you.

You have an absolute right to medical confidentialty and yours has been grossly violated.

It's deplorable that this doctor has choosen to take advantage of a tragic situation.

1484 days ago
7.

There's a problem here    

A mailing list is not unethical. HIPAA only covers medical information. Some staffer handed over the patient names, not medical the records. Businesses do it all the time. That is why most contracted sources like medical offices, tech businesses and salons require signed non-compete contracts.

Ryan's work looked just like every one else's in Hollywood; cookie cutter, nothing personalized about it. Maybe this guy would do a better job in making a person look like they were still the same person when he did his work. Just sayin'.

1484 days ago
8.

SUN    

Who cares, the doctor is dead?? I doubt this will affect him.

1484 days ago
9.

gutsygirl    

HEY TMZ...TONY CURTIS DIED...WAY TO HOP ON THAT NEWS!!!!!!!!!!!!!

1484 days ago
10.

duh!    

This is not unethical or a privacy violation. In the event of a doctors's death (or retirement, arrest, etc.) the records and practice have to be passed to someone. What would be unethical would be to leave the patients hanging without a medical provider-that's abandonment of care. The doctor who assumes the care of the patients then has to let them know the situation and give them the chance to stay with his practice or transfer their records to another physician of their choice. This happens all the time and may have been set up ahead of time by the physicians lawyers to prevent the practice (and it's medical records) from being held up in probate in the event of an unanticipated event.

1484 days ago
11.

Barbie    

Laura states : "This is a clear case of HIPPA violation Which is a Federal Law. Who ever disclosed the patients confidential information, doctor or nurse, can lose their licenses or be suspended, or fined by the California Medical Board or State Board of Nursing. You need ti file a formal complaint against their licenses with these agencies."

I think you posted before on another story and said the same thing. This is NOT a violation of the HIPPA law's as you so clearly stated. You obviously don't understand the itself. Clearly this new doctor has been provided the dead doctor's patients files. Who did it and why it was with this particular doctor that received these files is not violating patients privcy. If you actually took the time to read the story you might understand what happened. It's not unethical either. The doctor has died, therefore, he will no longer be practicing medicine with any patients. This new doctor is allowed access to those files if he let's say purchased the doctor's practice. It happens all the time Laura, we just don't read about it because it's not a celebrity doctor. PLEASE PLEASE go get yourself informed on what the HIPPA laws are and how they apply to patients ! know your facts first...

1484 days ago
12.

i keeps it real    

wth Let the dead doctor fixed the botched boob job of the complaining EX paintens of Dr Ryan. Better yet, let Dr. Ryan take out the stitches from your face lift...what? He can't? He is dead! NOOOOO.

Look, somebody has to take his patients. Either go see another Doctor or LEAVE YOUR UGLY AZZ THE WAY GOD MADE YOU!

1484 days ago
13.

clasto    

who cares about dr ryan!

tony curtis passed away!!!!

1484 days ago
14.

Barbie    

Thank you #15 duh --------- This woman (Laura) comes on here and always says the same thing about HIPPA violations. I hadn't read your comment before I made my comments, so there is at least one other person besides me making accurate, factual comments. Laura must work in a place where she is filing medical records and because of that particular experience of filing medical records she thinks she knows it all.
I'd like for Laura to come back here and show us where in the HIPPA LAWS that a violation has been made concerning the doctors.

1484 days ago
15.

Jesse    

Dr. Frankenstein can't wait to chop up some patients for some cash.

1484 days ago
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