Unbelievable

Nurses HIPAA

Published

Specializes in Peds/Neo CCT,Flight, ER, Hem/Onc.

I had to draw blood on one of the well-known doctors at my large facility. When I was finished I was trying to document only to find that the chart was locked because a nurse on another floor was in it. This nurse was not involved in the patient's care in any way, shape or form. I gave her the benefit of the doubt because sometimes the computer screen refreshes just as you click on a patient and causes the chart above or below your intended one to open. I waited a full 5 minutes for her to get out of the chart!!! At this point I'm thinking this was not one of those oops incidents. So my choices were

1. Call to the floor and speak with the nurse

2. Call the compliance line which most certainly would get her fired

3. Run to the manager and tattle

We have this "Committment to my Co-Workers" program thing going on and one of the things I had to agree to was to always talk to my co-workers first if I have a problem with them (which is my normal MO but I had a previous run-in with this same nurse over another issue[blowing on PICC line sites to dry the antiseptic] which turned out very badly when she accused me of threatening her physically which I absolutely did NOT do)

Not wanting to be accused of trying to get her fired I chose to call her and ask why she was in the patient's chart. Her answer to me was she saw him on the schedule and wanted to see what was going on. I told her it was an enormous HIPAA violation and that she could get in very deep trouble for this. Then she made some other lame excuses for being in the chart and hung up on me. As it turned out she ran to the manager (who is also my manager) with this tale of woe about me being mean to her and I am getting written up for unprofessional behavior!!!!!!

Seriously!!!!! She's the one who broke the law and I'm the unprofessional one? I could have anonymously gotten her fired but took the high road and this is what I get? It makes me want to go ahead and call the compliance line anyway. All it would take is a computer audit and she would be fired and lose her retirement. But I'm not into retaliation no matter how angry I am.

Am I out of line to be furious about this?

Specializes in ER.

I am totally certain that the electronic record of any well known person is reviewed carefully for this sort of stuff. My facility does it for all employees to make sure that no snooping is going on by curious coworkers.

I don't blame you for being upset. I predict, that person will soon be without a job.

Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma.

I would be furious! You can't do your job caring for the patient because she is snooping so you call her and tell her to get off so you can do your job and you get in trouble. I would be very angry.

I would call the compliance line. It's not retaliation. It's part of respecting your patients privacy.

Specializes in Critical Care, Education.

Agree - report it via the compliance line. This information is routed to channels outside the influence of your nurse manager so it will not be stifled.

I would call the compliance line. It's not retaliation. It's part of respecting your patients privacy.

I second the motion. The evidence will prove it to be true. If action against you results (which it sounds like it already has) you could claim retaliation.

I would not be happy. It would not end with me getting written up for someone else's blatant disregard of the law--especially when they tried to make me out to be the bad guy.

Specializes in Peds/Neo CCT,Flight, ER, Hem/Onc.

Thanks guys, I needed a reality check to make sure I wasn't overreacting. Fortunately I am part of a union so I will be grieving the write-up. Still on the fence about the compliance line. I'm hoping my manager did the right thing and self-reported but I doubt it. The problem is if they do retaliate I'm not sure I have the financial means to fight it and in this market I also can't afford to lose my job.

The time line of the blood draw, her intrusion into the chart, your speaking to her, and her making her complaint about you will tell the tale. Be sure to give times in your dispassionate, facts-only account, and you should be vindicated.

No good deed goes unpunished. :)

Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma.
Thanks guys, I needed a reality check to make sure I wasn't overreacting. Fortunately I am part of a union so I will be grieving the write-up. Still on the fence about the compliance line. I'm hoping my manager did the right thing and self-reported but I doubt it. The problem is if they do retaliate I'm not sure I have the financial means to fight it and in this market I also can't afford to lose my job.

The Union should do this for you.

Specializes in LTC, Memory loss, PDN.

i don't understand why she wasn't held to the commitment to co workers

but it sounds like there's more stuff going on

Specializes in Med/surg, Quality & Risk.

I'm sorry but this is redonk. I wouldn't sign the write up, that's ridiculous. (Is the facility endorsing a HIPAA violation? Is there a whistleblower suit that can be dredged out of this? I sure might threaten one if I was getting written up for this.)

Specializes in OB-Gyn/Primary Care/Ambulatory Leadership.

Yes, not only would I fight the write-up, documenting every step of what happened dispassionately, but I would also call the compliance line.

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