How much trouble am I in?

  1. I am an RN who worked full time at a hospital. I worked part time doing private duty home health care for a very ill child (through an agency). The child received his medical care through the hospital that I worked at. I did home health care for the child about 2 years and developed a close relationship with the family. A year ago I was preganant and very sick and not able to continue working 2 jobs. The mom was very upset at me that I would not continue working with them and made a complaint at the hospital that I worked at that I had access to his medical records. I did access them. It was to better care for the child, the mother told me she had signed a ROI, but one was never on file. I was terminated from the hospital and reported to the BON. Now, a year later, after I have been working as a RN at another instituation, I got a letter from the BON and they are investigating. THey asked me a bunch of questions as to why I did it, what did I do with the information, what I learned from the experience, what steps have I taken so it would not happen again..they are to get back to me within 90 days and will 1. drop it, 2. write me to get more info 3. write me with their recommendations of disciplinary action or 4. have me meet with the board review panel. When do I tell my current employer about my situation? Do I need a lawyer? If so, when?
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  2. 9 Comments

  3. by   Liddle Noodnik
    Quote from newmoml
    I am an RN who worked full time at a hospital. I worked part time doing private duty home health care for a very ill child (through an agency). The child received his medical care through the hospital that I worked at. I did home health care for the child about 2 years and developed a close relationship with the family. A year ago I was preganant and very sick and not able to continue working 2 jobs. The mom was very upset at me that I would not continue working with them and made a complaint at the hospital that I worked at that I had access to his medical records. I did access them. It was to better care for the child, the mother told me she had signed a ROI, but one was never on file. I was terminated from the hospital and reported to the BON. Now, a year later, after I have been working as a RN at another instituation, I got a letter from the BON and they are investigating. THey asked me a bunch of questions as to why I did it, what did I do with the information, what I learned from the experience, what steps have I taken so it would not happen again..they are to get back to me within 90 days and will 1. drop it, 2. write me to get more info 3. write me with their recommendations of disciplinary action or 4. have me meet with the board review panel. When do I tell my current employer about my situation? Do I need a lawyer? If so, when?

    I have never heard of this type of situation, but what I would do is document every single thing that happened, what was said, who said what, what records there were and where are they now, did the mom know, etc... just write it all down. Otherwise I haven't the foggiest as to what you should do. Wish I did. Hope it turns out to be not a big deal.

    I've heard of people doing mean things when someone had the "nerve" to say no - but this is a little much.
  4. by   egglady
    Just want to tell you I will be thinking of you. Sometimes when our heart is in the right place, it just doesnt seem to matter. I do wish you the best, and please keep us posted..
  5. by   morte
    remember the BON is NOT your friend....if you have malpractice ins, you should call them ASAP....if not try to locate a nurse friendly attorney., for a consult. (mho, of course)
  6. by   ohmeowzer RN
    i have never heard of this before either. so the mother turned you into the hospital for accessing her son's medical records? how did she find out you accessed these medical records? did the hospital notify her? please keep me updated .. HIPPA violations are serious business.. i wish you lots of luck.
  7. by   newmoml
    The mom did not know I had accessed them, she knew that I had access to them and thought maybe I had, I'm not sure if the hospital informed her what came of it, but in the report I got from the BON, it said I gave her lab values, and I never did. I'm not sure who they will believe, yes she may have lab values, but she could have called and gotten them herself. Another thing is the family has a pending lawsuit with the hospital, (that the child still receives care because he is too sick to take elsewhere) from when he was born about how he is how he is.
  8. by   newmoml
    I just can't stop crying, we built a new house last year and now are putting it up for sale preparing and possible will have to foreclose on it depending what happens. This has changed my whole life and it is no fun dealing with all the emotions A YEAR LATER again.
  9. by   ohmeowzer RN
    honey everything will be okay. i wish i could give you a hug. you will be in my prayers. all is not lost. go lawyer up. keep me posted please.
  10. by   Soup Turtle
    I hope everything works out OK for you.
  11. by   tnbutterfly
    newmoml

    This sounds like a very complex and unfortunate situation. I am sorry that you are having to face this being a new mom with a new house. I suggest you seek legal counsel as we cannot give legal advice. Good luck!

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