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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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31.

dd    

It's called good marketing....the doc can't help them any longer.

1381 days ago
32.

Muppet    

Wouldn't it be just names that were given to this doctor in order to offer patients another doctor? They wouldn't transfer medical charts or anything unless they went to this doctor for surgery. Geez people get up in arms over everything! This is just a doctor being nice and offering them his services because their doctor passed away. Most people would appreciate this.

1381 days ago
33.

jus-sayin    

sicko

1381 days ago
34.

Casey    

This may not be a violation of HIPPA according to the Health and Human services, BUT it could and does sound like a clear violation of the CAN-SPAM act of 2003. Wich each spam e-mail carries a fine of $11,000 each.

1381 days ago
35.

electriczipper    

he did nothing wrong you dumbarses

1381 days ago
36.

Katemoss    

It is about time that patients understand that places like the Renfrew Center and other treatment programs hire ow paid workers who prey on taking patients contact information so that they can steal them away. It IS a breach of confidentiality and a terrible violation of privacy. I have received text messages from idiotic therapists where I received treatment for mental health issues trying to get me to go into their rented offices for amateur therapy. It happens all the time and people just look the other way. JHACO do you hear me?

1381 days ago
37.

Janet    

It's called bad marketing and a publicity campaign. He should know his audience better. A mere month after his colleague and good friend died certainly is not a time to capitalize on the tragedy for his self-gain. Smart consumers will see through that and his brand can be tarnished forever. Even if what the good doctor did isn't illegal, it's immormal and, frankly, over-the-top stupid.

1381 days ago
38.

John    

How do you steal patients from a Dr. who is deceased???

1381 days ago
39.

Jessie    

they should be blaming Lorie Lara...some chick who worked at his office and is now the head of Dr. Motykie's office...she took all of Dr. Ryan's info and patient info and started emailing everyone personally that Dr. Ryan was now a part of Dr. Motykie.

1381 days ago
40.

John    

No, They should be THANKING this Lorie Lara for reaching out to them to letting them know they have an opportunity for FREE follow care on their surgeries. Most of these patients most likely "freaked out" looking for answers of where to get continuing care. To know where a part of Dr.Frank Ryan's staff was I would assume is a very reassuring feeling. There is absolutely nothing wrong with an E-mail announcing an option for care and where she is now staffed so patients can find her. How can Dr. Frank be a part of Dr. Motykie if he is deceased?? In the research I have done a letter of introduction was sent out stating that this "Lorie Lara" had joined Dr. Motykie's Staff and was sent out as a response to a months worth of E-mails and phone calls to her requesting any help she could offer them on finding a new Doctor and following up on their care.So, again explain to me how it is in any way wrong to send out a message stating where she can be found and be contacted to help assist with any of Dr. Frank Ryans FORMER patients with any needs they MAY have? It is an offer of assistance that any one of these "patients" can decide to utilize or not.

1381 days ago
41.

John    

When I read half of these comments I can not do anything but be amazed that are that ignorant to see anything but that this is a humanitarian act and actually an obligation of a Doctor's oath to offer continued patient care. Why not put yourself in the postion of a patient who has had surgery by Dr. Frank Ryan a couple of days before his untimely death and have had nowhere to turn to for help and necessary after care because Dr. Ryan can no longer help them??? So now there is a Dr. offering to help them with their after care for Free and that is wrong???? Please help me to understand this? There should be a story being ran on how Dr. Motykie has been willing to HELP these patients in a time of need.

1381 days ago
42.

Audrey    

As a patient of Dr. Ryan's, I was displeased to receive an email from Dr. Motykie's office, soliciting my business. I had an appointment scheduled with Dr. Motykie two years ago- an appointment that I walked out on, as I was left waiting in the exam room for an hour and a half. I soon became a patient of the late doctor's. His talents gave me a brand new nose (fixed after a previous botched job by another surgeon) and the ability to breathe normally again. Dr. Motykie and his office clearly have few scruples to have done something so tacky and offensive as soliciting the patients of Dr. Ryan.

1381 days ago
43.

john    

I would like to start out with everyone is entitled to an opinion. But lets look at the facts of this situation.
You have Dr. Frank Ryan who passed away and absolutely can not have "patients" any longer because he is deceased. There are patients that need follow up care that have had recent surgeries that no one has addressed. Who do they go to follow up on their care? You have an excellent doctor "Dr Gary Motykie" willing to perform FREE follow up care for these patients. How is that anything but humanitarian and following his oath as a physician to care for patients.
This is nothing more than the former staff of Dr. Frank Ryan reaching out to patients in need and giving them an OPTION for continued care that they are no longer able to get from Dr. Frank Ryan. The Staff is only looking out for the patients well being and care. Any patient can and does have their own choice to go to any doctor. There are many of Dr. Ryan's patients seeing mutiple doctors through out Beverly Hills.
I am sure many of the patients were thrilled to hear from Dr. Frank Ryans staff to know who they trust as new option for their care and surgeries.
This is simply ridiculous and not news worthy unless you want to run a follow up story on Dr. Motykie and how he is helping all these people with their Medical care. There should be a story on what is being done to help the patients get their needed care.

1381 days ago
44.

djdeej94    

Blah blah blah.. and the living shall continue to earn a living - ethical or not - right or wrong - no different than a car accident - someone died - and lawyers are going after the family to sue so THEY can earn a living... Hippaa Schmippaa....

1381 days ago
45.

YesYesYes    

I actually work for the software company that Dr. Ryan used in his practice before his death. I'm actually the one who helped Dr. Ryan's staff member export the list of emails and send them out. Dr. Ryan had no living will and so everything was passed on to his mother. His mother was granted the estate and then she hired an accounting firm to handle this business. If he had left her with debt, why is she going to sit on a database full of plastic surgery patient's email addresses, when she can sell it to him so that she can pay off some of his debts or cover his memorial? Nothing was given to the doctor except for their e-mail address. No name, no medical history, no nothing. Just e-mail. This actually happens all of the time. Think about doctors dying, or retiring... what do they do with their patients?... They sell their information to the new doctor.

1381 days ago
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