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Is this a defamation case?

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LDBRN

Junior Member
What is the name of your state? Colorado
I was working for the only large local hospital, while caring for a patient I asked her if she did any prescription or street drugs. The next day I find out she called the Doctor and complained about me asking that and the Doctor complained to the hospital management. The hospital charged I violated HIPAA law and only the Doctor is allowed to ask privacy questions to pts. I was fired, told I can never work at that hospital again because I violated HIPAA law. The previous week they had offered me a permanent position at this hospital, and I have an excellent record. I called the HIPAA hotline and was told I was a covered entity, and I did nothing done wrong. I also called the Office of Civil Rights and was told the same thing. Other RNs do this at the hospital while admitting patients too. I have never seen any written policy that only the Doctor can ask questions and reading through the HIPAA I signed it stated covered entities are entitled to oral communications with patients in a healthcare setting. The hospital refused to let me apoligize to the Doctor and refuses to give me in writing the reason for termination. The nursing agency agreed to give me a letter stating my violation, but they haven't yet (3 days only have passed). This firing means for me that I have to drive 70 miles to another hospital to work and lose the health insurance through this agency which is very good. Should I fight this with a lawyer?
Thanks!
 


Katy W.

Member
I am NOT saying that you should "fight" this if you mean sue someone, because your ex-employer has every right to fire you for anything they want to, unless it's discriminatory or violates a bona fide contract. However, in your case it may be worth your while to consult with a lawyer. A lawyer could write a letter or call your employer to try and remove the violation from your record, if it truly is no HIPPA violation (and I don't see how it could be, unless you transmitted the info to someone else.)
 

LDBRN

Junior Member
I got the written reason for termination and it states "due to patient complaint". I actually called and said "you told me I was fired due to HIPAA violation" and they said they have CHANGED the reason. I guess the hospital lawyers realized there was no HIPAA violation, and I guess since they can fire someone for any reason, that sounds like a good reason. Due to my outstanding record, one unreasonable complaint shouldn't mean termination. It looks like I can't do anything now though.
 

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