HIPAA and wrongful termination

Nurses HIPAA

Published

Specializes in Oncall Hospice RN.

I was terminated yesterday for calling another hospice doctor at our company for advice on how to handle a pt's unmanaged symptoms. I disclosed the pt's age and her dx of ES Parkinson's and the symptoms that were not being managed by the pt's physician who was new to the hospice company. I called her after my supervisor continued to overlook the negligent behavior of the pt's doctor because they want his referrals. My supervisor wanted me to keep quiet and just call 911 if they pt experienced another episode of severe dyspnea. Do I have a case?

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Specializes in Clinical Research, Outpt Women's Health.

Wow. That just seems wrong. I would definitely fight for unemployment benefits. I would think you would be covered talking to the other doc if also an employee. Great job advocating for your patient.

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Specializes in Oncall Hospice RN.

Thank you! This was the first time in 4 yrs as a hospice nurse where the hospice doctor refused to let me send out a comfort kit. I know the company was desperate for referrals, but I didn't think they would stoop so low as to compromise the care of the pt. I'm contacting an attorney on Monday. The district manager even recognized me as being a patient advocate during my termination. I'm still stunned.

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Specializes in Urology, HH, med/Surg.

First let me say how sorry I am that you're going through this!

Next- I have questions:

-the Dr you consulted works for/with your hospice?

-Was the reason they gave for your termination 'HIPAA violation'?

Because healthcare providers within the same company/facility can discuss pt details when it pertains to that pt's care, (or at least thats always been my understanding of the law)

If that's the reason they gave for you, I would think you have an excellent case for wrongful termination

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Specializes in Oncall Hospice RN.

Yes, the doctor that I consulted with is employed with the hospice company. The other reason that they are using to justify my termination is that I called in an order for lorazepam which is part of comfort kit. However, when the doctor refused to approve the order, I promptly called the pharmacy to cancel the order. The pt was having severe dyskinesia and dyspnea as a result of ES Parkinson's. The true motive for my termination is that I'm advocating for the pt and upsetting the doctor's ego. My supervisor has chosen to protect the doctor at the expense of the patient's safety because she's more concerned with growing the census.

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Specializes in Oncall Hospice RN.

duplicate

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Specializes in Urology, HH, med/Surg.
Yes, the doctor that I consulted with is employed with the hospice company. The other reason that they are using to justify my termination is that I called in an order for lorazepam which is part of comfort kit. However, when the doctor refused to approve the order, I promptly called the pharmacy to cancel the order. The pt was having severe dyskinesia and dyspnea as a result of ES Parkinson's. The true motive for my termination is that I'm advocating for the pt and upsetting the doctor's ego. My supervisor has chosen to protect the doctor at the expense of the patient's safety because she's more concerned with growing the census.

Then I think you have a case for wrongful termination- which I would pursue to get unemployment benefits but not to go back to work there!

Any place that places MD ego above pt care/comfort doesn't deserve you!

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