Dalton woman struggles to get justice after her medical records found in landfill

DALTON, Ga. — It’s been 2 months and Linda Silvers remains in the trash.

That’s because she still isn’t getting answers about her medical records like the X-rays, which we showed her along with dozens of other patient documents at the Old Dixie Landfill in Dalton.

Silvers keeps us updated on his case. She told us she was having trouble finding an attorney to take her case and felt like she didn’t know what to do next.

I don’t know what’s going on. No one will discuss anything with me,” Silvers told us Tuesday.

We raised Silvers’ concerns with law enforcement to find out the status of this case.

Last April, a viewer shared photos and videos with our editorial staff showing his personal medical records thrown among the debris. He made the discovery by depositing his own waste there.

The disc boxes were stamped Med Now Inc. When we went to the address, we found that the establishment had recently closed its doors.

We also learned that the dumping may have violated HIPAA rules. So we continued to ask questions.

When our story first broke, Whitfield County Sheriff Scott Chitwood and the Georgia Composite Medical Board told us they were investigating.

When we returned, Sheriff Chitwood told us

We have never received any complaints regarding this issue, nor have we had any reports.

So we showed Silvers the sheriff’s response, and she showed us where she called.

They didn’t tell us to file a report. No one told me to file a report,” she told us. “I want someone to pay for this, because it’s not right.”

So she called the sheriff’s office again and left messages for the detective.

According to the U.S. Department of Health and Human Services, HIPAA states that medical practices “are not permitted to simply abandon protected health information or discard it in dumpsters or other publicly accessible containers.” .

The Old Dixie Landfill told us they followed protocol and don’t plan to make any changes. A spokesperson told us

We see between 700 and 1,000 tonnes of waste per day. So it’s under several meters. The likelihood of discovering or unearthing this is therefore unlikely.

According to documents from the Secretary of State for Georgia, Steven Foster is listed as CEO of the now-closed Med Now Inc., with the same address listed on medical records at the landfill. He never responded to our requests for comment.

Online records show Foster’s medical license was suspended in October 2002.

We also never received a response from the Georgia Composite Medical Board regarding the status of their investigation.

Silvers says she’s not done asking questions.

And neither do we.

Count on us to keep you informed as this story develops.