Hipaa/patient privacy violation

[throwaway23]

Hello all,

I'm here just looking for advice and potentially others who have been in a similar situation to the one I now find myself in.

I am a new (1.5 years) nurse who has done fairly well in my career up until this point. I was called into the HR office recently at work for a discussion which my manager could not speak about. Upon arriving I was interviewed and informed that some one has lodged a complaint against me regarding patient privacy. I don't want to go into details so all I will say is that a conversation between myself and some coworkers regarding a patient was overheard by a third party. I was completely honest during my interview and complied with all requests including giving a written statement about the incident. I was informed that the consequences could range from a suspension to termination. I am totally aware that I was in the wrong and have essentially laid myself at my employers feet. I am now waiting for their decision and trying to remain calm and continue working and living as normal although I am having a very hard time dealing with all that has occurred in this short time. I am horrified, humiliated, and terrified now that I have ruined my short career forever. I have no one to talk to about this as I am trying to keep my mouth shut which is what I should have been doing in the first place. Please, any advice would be greatly appreciated at this time.

Thank you

[megRNn]

Do you have a union? If so contact your union rep asap. I would imagine you would receive a written waning if this is a first offense. A third party overhearing a conversation about a patient is not an intentional violation if you met the standards of the law- the conversation was had in an authorized area and the staff was involved in the patients care. Was it at the nurses station? This can be quite the slippery slope. If you don't have a union rep and you are facing termination definitely seek a lawyers advice. Good luck!

[throwaway23]

Do you have a union? If so contact your union rep asap. I would imagine you would receive a written waning if this is a first offense. A third party overhearing a conversation about a patient is not an intentional violation if you met the standards of the law- the conversation was had in an authorized area and the staff was involved in the patients care. Was it at the nurses station? This can be quite the slippery slope. If you don't have a union rep and you are facing termination definitely seek a lawyers advice. Good luck!

I do not have a union. This conversation, unfortunately, did not take place in an authorized area. My employer is still investigating the situation and circumstances involved so I am hoping to hear more soon. I'll look into lawyers involved with these sort of situations but I'm not sure what can be done since I have provided a signed statement and was clearly in the wrong. Thank you so much for the advice & luck! I will take all I can get at this point.

[jadelpn, LPN, EMT-B]

Contact your malpractice insurance. I know that sometimes it is hard to not get into the conversation in the lunch room about patients. Or in the elevator. Or in the parking lot.

Interestingly, if a patient is sleeping, report is done in the hall. Or at bedside with the roommate et al right there behind a curtain. So depending on the circumstance, it may or may not mean a thing. Did you intend to gossip? Or was the intent the sharing of patient information that someone was easedropping on?

Going forward, change the subject, state that you can't discuss patients at lunch, or "I can neither confirm nor deny anything that happens or doesn't happen at work" If you need to talk about patient circumstances professionally, then go into another room to do so. "Can we go into the other room? I don't want to discuss private information in the hall".

The others that you were in conversation with, are they in trouble as well? Conversations are not one sided.

"I was inappropriate, I understand that now, and it will not happen again"

Also, don't EVER write up statements that incriminate yourself without some sort of legal/professional guidance.

If you have a parent company employee relations department, see if there's an advocate available to talk to. If you have shared governance leaders who can advocate, speak with you regarding this confidentially, do so.

Don't take the full blame for a conversation in which you were not the only participant. You need to look out for you and your career, as I am sure your comments were not left unreacted to--and/or stopped. So your co-workers are just standing by letting you take the full blame? Ya. No thanks.

[littlelimabean01, LPN]

I agree with jadelpn, your co-workers are definitely part to blame in this incident. I don't understand some of these HIPPA rules. This one has always made me go..mmmh? We have to keep our MARS covered when we are not using them in the hall, we have to shred the names after we finish using a card of medicine. So why in the world is it ok to have the patients name on their doors?? (LTC). Because in my mind that is a total violation of privacy. For instance, you are a patient in LTC and someone who has vengeance for you finds out you are staying in said facility (i.e., ex-spouse) all they have to do is walk the halls find your name and come and put a pillow on your face. That to me is a violation of privacy. MegRNn, I wish you the best. I doubt this will ruin your career, I don't even think it will effect your license. You just may lose this job and that sucks, but you will be able to be employed as a nurse again. God Bless you.

[throwaway23]

Hello all,

I just wanted to check back in and give an update on my situation. First, I wanted to thank everyone who replied, you guys really gave me some peace of mind and lessened the anxiety I was feeling. I remained completely honest and open to my employers and continued to work with them until the decision was made. In the end I got very lucky and received a short suspension from work. I'm not sure what the consequences were for my coworkers but I've since seen them all at work so I assume they received similar or lesser punishments which I am very thankful for. I never wanted to drag anyone down with me. Above all I'm taking this as a learning experience and I am so grateful that my career is still intact! Still feeling a good amount of shame and feel myself doing some head hanging at work but overall I'm overjoyed to be back doing what I love! This is one mistake I will never, ever repeat! Thank you all for the advice and comforting words! My plan is to leave this thread up in the case that someone else happens to find themselves in a situation like this and also turns here. You guys rock!