Traditionally an ancient medical text originating from Greece, the Hippocratic Oath is still a practice requiring soon to be physicians to swear that as new physicians, they will uphold the professional and ethical standards designed to bind physician’s to an oath vowing protection of patient’s privacy, as well vowing to make sound, ethical judgments in treating the ill, and perpetuating the practice of medicine as to foster best practices for future physicians. It is rarely heard of and not common for physicians to violate this sacred oath. Here at the reform, we believe in a basic tenant; that if a wrongdoing is committed, whether intentionally or negligently, the perpetrator should acting swiftly and kindly in addressing, and correcting the wrongdoing.
What does it say about a physician who violates this oath, and in tandem, HIPAA laws? As mentioned in previous articles, one such patient of Hot Springs Health and Gottsche Therapy and Wellness found themselves asking just that question when Dr. W. Travis Bomengen, employed as Physician and Medical Director of the both entities respectfully, intentionally and illegally disclosed Private Medical Information (PHI) without their consent. If Physicians such as Dr. W. Travis Bomengen are so unbothered by violating this required oath, do they not take it seriously? Do they think that they are above the law? In this case, because the physician chose to lie, more than once, to both the victim, the federal government agency known as the Office for Civil Rights (OCR) whom are charged with investigating HIPAA violations, and the Wyoming Board of Medicine, why he chose to violate this scared and required oath is unknown.
Medical practitioners are often taught during the course of their education that when they hear hooves, think horses, not zebras. If one is to apply that logic to the aforementioned HIPAA violation (Transaction Number: CU-17-272918), then one can only assume that there was a practical reason for Dr. W. Travis Bomengen intentionally violating a patient’s privacy. Dr. W. Travis Bomengen and his accomplice, Cheryl Shero, CEO of Gottsche, was able to provide several, in conflict of each other accounts of the report. First it was reported there existed no violation. An admission archived in recordings made pursuant to Wyoming Statute §7-3-702, of which all but one party were unaware they were being recorded. The second accounting was made in the opinion of Cheryl Shero in which justification was her “close” relationship with the Bomengen family, in particular her role as mentor to the eldest of the Bomengen children, Dr. W. Travis Bomengen’ s daughter, McKenna. The third accounting was again made by Dr. Bomengen, denying. A fourth accounting, admitted to the violation when the reporting agency, the Wyoming Board of Medicine was presented with facts that proved Dr. Bomengen had in fact originally lied. Given the ever changing story to best the present needs, it would appear that in some cases, logical explanations for deviation from standard practices, such as a professional oath, are absent.
While relevant only to the issue of the seriousness with which the Hippocratic Oath is taken, in the case of the victim aforementioned, evidence exists that the reason for Dr. W. Travis Bomengen violating the oath, and by extension HIPAA laws, was not a logical or ethical one. Furthermore, no attempt was made whatsoever to disclose the dissemination he later admitted to, nor was any reconciliation sought with the patient. On a larger scope though, from a community standpoint, patients all over the world should familiarize themselves with the Hippocratic Oath and ask themselves, do I have reason to believe my medical practitioner does not take this oath seriously? Does there exist evidence to support that my medical practitioner has violated this oath? It is up to the patient, if they answer “no” to either of those questions, whether they want to know the why, and if they do, do they have faith their medical practitioner can correct their negligence accordingly? Once, disseminated, protected health information, that leak cannot be undone. And, is the case of the aforementioned victim illustrated here, it can cause significant harm and damage.