Advice of hipaa violation

[Bejey4353]

My story is different. I asked a Dr that I worked with to consult on my mothers medical case as she was gravely ill, I work at a family practice my mother was hospitalized in a hospital within our organization. I am on my mothers hipaa form, I am her POA and was in charge of her care, she had full knowledge and I had consent from her to ask for the second opinion and consult. My company has terminated me for hipaa violation just for asking the Dr to consult on her case. I feel heartbroken and crushed, can't believe it. I feel I was wrongfully terminated. May i add 3 other people in the office also accessed my mother's chart. I myself never accessed the chart. But of the 4 people who did 2 were terminated in addition to myself,, 1 being the Dr the other being his nurse, yet 2 others were given a year probation. Might I add to my work record was spotless until then, so there were no other issues.

Please give me feedback, I'm lost

[RNKPCE]

I don't get why you were terminated because you asked for a consult. You are right that doesn't make sense. Even if the doctor who looked into the case on your behalf was breaking HIPAA not sure why you'd get in trouble. The doctor could have refused your request if it was wrong. Did the doctor throw you under the bus? Did you leave a computer with your log in open? Did the hospital agree you did not access the chart? The whole situation seems pretty gray on the doctors part as well. Was the doctor on probation already for things in the past. Was this retaliation for the complaint you filed against the hospital? Have you called your malpractice insurance company? If not you should.

[Bejey4353]

There is no dispute from company that I did not access the chart. I did not leave my computer logged on. The Dr was not on probation not any of us involved, my work record spotless.

[MunoRN, RN]

There is an important distinction between being the designated POA in the event the patient becomes incapacitated and being the active decision maker because the patient is incapacitated. You mentioned that she was "aware" but not making her decisions, maybe you could clarify that?

[Bejey4353]

She was aware of what was happening but not capable of making sound decisions on her own behalf, goi,g septic twice and pneumonia and heart failure.

[Bejey4353]

She had much confusion but understood I was tryi,f to get as much go as I could on her behalf for her life be saved and the best possible outcome.