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Need someone who knows HIPAA law!!

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ADIAMAXX

Junior Member
What is the name of your state? California
Worked as a Registered Nurse for 23 years at same hospital. Worked in perioperative services which took care of interviewing patients prior to surgery, making sure patient surgery ready, paperwork in order, got patient ready for surgery on day of surgery, recovered patient after surgery. Had part time secretary named D. who's father was patient, having esophagogastrectomy for cancer. D. did not think father understood magnitude of surgery, complications, etc. but could not convince him or stepmother to try alternative treatment. Patient went to surgery, did poorly afterwards. I was in ICU three days later, checking charts on other patients who were going to surgery, when overheard patient in room next to patient I was checking on was dying. Nurse for my patient told me "they were extubating the patient and letting him die as he came into ICU with a blood pressure of 35 and in cardiogenic shock because the surgeon cut the superior vena cava in surgery." Within ten minutes, heard from other sources that dying patient's family was really angry with surgeon (reasons unknown). Knew this particular surgeon had made surgical mistake in past three years, resulting in firing of several staff nurses. Asked attending RN what was going on with patient. She repeated same story, "patient did poor after surgery, surgeon cut superior vena cava." I was fearful family had heard this rumor and had immediate thoughts of litigation against the hospital. On that particular date, my supervisor, assistant supervisor, and secretary were at a conference off campus. A chaplain stopped me and asked why I looked so upset. I told her. She stated she would relay the information to her superior for direction. The last thing I did before leaving the ICU was open the patient's chart and hastily scan the progress notes looking for some clarification of patient status upon admission to the ICU as I had heard the physician "told the family the patient was doing great." Later that day the chaplain approached me and told me she had informed the nursing supervisor, who was following up. That evening, the nursing supervisor telephoned me and stated she was following up on the incident report I filed. I stated I did not file any report. She said my name was on it, and she wanted to know the names of the nurses who stated the comment about the surgeon. Her tone was demanding, and led me to believe she wanted to cause trouble for these individuals. I said so, and said my whole intent of ever saying anything was to protect the patient's family and the hospital. She repeatedly badgered me for names, which I refused to give. She stated the nurses deserved "a slap on the wrist for a HIPAA violation for saying anything." She then lectured me on the fact that she had spoke with several physicians who stated most patients did not survive this surgery anyway or live long, and the patient was old, etc. I finally stated that I might agree with her as to his probable life span because I saw a notation in the progress notes stating possibly more tumors behind the heart, but my concern was that he was a real person, an employee's father, and I was hoping that employee had not heard what I had heard. She screeched at me, "What, you looked at the chart, THAT IS A HIPAA VIOLATION AND YOU DESERVE A SLAP ON THE WRIST. I was told she would follow up and get back to me. I was off work the next three days, and on my next scheduled work day I was immediately directed to my supervisor's office where I was handed a Formal Reprimand to sign stating I had committed a possible Federal HIPAA violation and was being suspended pending investigation and possible termination. The next day I was called in, with a union representative, to tell my side of the story. I was sent from the room. The union rep came out and said they could not make up their minds. I asked if I could keep my pension if terminated. She said no. This hospital has been terminating nurses left and right. She went back in and spoke with them, and was told if I would immediately resign I could keep my pension if they decided to terminate me. Two hours later, again that was the deal they offered AND I WAS TOLD EVERYTHING SURROUNDING THE ISSUE WOULD BE ERASED FROM MY PERSONNEL FILE AND NO CHARGES FILED AGAINST MY LICENSE. Two days later I found out that the same day I was suspended, a computer search was ran to see if anyone had accessed the patient's computer record, and instead of my computer signature which they were hoping for, they found the signature of a unit secretary named H. I telephoned H. who was still off on suspension for a HIPAA violation. She said she had been told to speak to no one, and that she had actually ran the postoperative reports on D.'s father as "everyone was asking" and printed them out for people to read. At 10:00 a.m. the morning after my resignation was secured, H. was telephoned at home and told to report back to work. I might add here that this supervisor has been on the job only since September, and has been harassing me for months on other issues. Can anyone offer any opinion?
 


stillnosleep

Junior Member
HIPPA Violation

As a Registered Nurse in New Jersey, what happened was in fact a HIPPA violation. Why the secretary wasn't fired for printing out copies of this patient's progress notes is beyond me.
 

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