Can I/Should I Sue??

[azzlynn27]

What is the name of your state (only U.S. law)? Michigan

I was recently fired from my job at a medical facility. I was fired for a supposed HIPAA violation. In the course of appealing my termination I found out some interesting information. For starters the patient that was supposedly violated was someone I was once related to. I found out from a current family member, before my shift that day, that the patient was at my facility and not expected to make it. I called the nursing station and asked to speak to a family member. I gave my condolences and offered an ear if needed. During the course of the evening there were some problems between my current family members and the ex-family members and threats were made. This person made a complaint that I gave out protected information. (Which I did NOT do.) Because of being an employee of a medical facility and supposed HIPAA violation I was fired?? Can I/should I sue her for this??

[quincy]

You could sue her. Whether you should sue her or not is something you need to discuss with an attorney who can access all of the facts. Yours would certainly not be an easy suit to pursue and win.

Michigan's privacy law as it relates to medical information on a patient is much more stringent than federal law. Personal health information is restricted to only those who need it to provide services (or products or benefits), to safeguard against any inappropriate uses and disclosures. It is only under certain circumstances that any but the most basic of health information of a patient (ie. stable, critical) can be disclosed to family or relatives or close friends (at the patient's written request), and even then it is only disclosed to the extent that the health information released is relevant to their involvement in the patient's care.

It would be important for an attorney to review a copy of the complaint filed against you by the former relative and go over your interactions with the patient and the patient's family.

If you are still in the appeal process of your termination with the medical facility, I would wait to see the result of your appeal first.

[azzlynn27]

Thank you Quincy for your help it is much appreciated. One other thing I would like to know is can I ask for all of the files and information on this incident from my employer so I can take it to a lawyer or does the attorney have to ask for it? If I can even get a lawyer, funds are tight and I think I make too much on unemployment to qualify for legal aid.

[quincy]

The costs involved in litigating this will certainly be something you need to consider carefully. Defamation actions are expensive, and yours has factors that will increase these costs. In addition, there is no guarantee you can win an action and collect damages.

Either you or an attorney can request information, although a subpoena will probably be necessary to obtain pertinent records from the medical facility. The medical facility can, and probably will, fight any disclosure as a matter of practice. Although you should be able to get a copy of the complaint filed against you, the facility's review of the complaint may be privileged and exempt from release.

If money is an issue, you might contact a low-cost legal aid clinic in your area for a review, or contact attorneys who offer an initial consultation for free. These free initial consultations generally do not tell you much, but you can get an idea from the attorneys as to whether they think you have any action worth pursuing.

Do NOT hire any attorney who thinks you have a slam-dunk defamation case against your relative. You do not.

And, again, I would wait for the appeal results.