Big dilemma, advice??

[houndnurse]

I was offered a position at a long term care facility about 2 yrs. ago as a RN Supervisor. I failed my employee physical due to frequent migraines. I was honest and upfront about them during my physical. I was being treated by a neurologist at the same hospital that was doing my physical. They had access to my medical record through computerized charting. The job offer was revoke due to "they felt I would miss too much work due to migraines" Here is the thing, most of the nursing homes around here are owned by the same group. Now, they have another job at another facility open that I am interested in. Should I apply or am I just wasting my time? I don't know if I would have to see the same Doc or what? ( I wasn't very kind to him after I found out what happened) I was pretty furious with him when I found out he failed my physical. Because of this happening the first time, I had to have my neurologist put a note in my chart stating I was able to work. My migraines have since improved. The hospital owns tons of branches where I live too, and I am afraid they won't hire me either since they are all related.

[AntFlip7395]

I was offered a position at a long term care facility about 2 yrs. ago as a RN Supervisor. I failed my employee physical due to frequent migraines. I was honest and upfront about them during my physical. I was being treated by a neurologist at the same hospital that was doing my physical. They had access to my medical record through computerized charting. The job offer was revoke due to "they felt I would miss too much work due to migraines" Here is the thing, most of the nursing homes around here are owned by the same group. Now, they have another job at another facility open that I am interested in. Should I apply or am I just wasting my time? I don't know if I would have to see the same Doc or what? ( I wasn't very kind to him after I found out what happened) I was pretty furious with him when I found out he failed my physical. Because of this happening the first time, I had to have my neurologist put a note in my chart stating I was able to work. My migraines have since improved. The hospital owns tons of branches where I live too, and I am afraid they won't hire me either since they are all related.

First of all, why did they have access to your medical records? HIPPA law protects against that and it is ILLEGAL for anyone, let alone a potential employer to gain any kind of access. I don't know what the statute of limitations on it is, but I would have sought legal counsel on that when it happened. There is no reason at all for this LTC to have been in your medical record, regardless of where the physical took place.

I don't see the harm in reapplying.

[caliotter3]

I would consult with an attorney to see what legal recourse is available to you at this late date as this could very well affect your employability by what you describe in your post.