I am employed at a hospital. I called off last week due to a nasal infection s/p a nose job 4 weeks ago. When I called off the charge nurse told me would have to have a H1N1 test done or else I would not be able to return to work for 7 days. I had no problem asking my Dr. to add the flu swab to my testing.
I went in the very next morning did my lab work and swab. I went and seen my Dr. at 4pm the same day for my results. My swab was negative but I did have an infection. So I went home and called my boss to let my charge nurse know that I would be out for 3 days. I went on to tell her that my swab was negative for the flu and she stated that she already knew and that my boss told her to look up my record to see if I had it done. She knew my test results without me even telling her. She also knew I had bacteria in my urine so she looked at other results beyond just my flu swab. I was not happy to say the least.
I went back to work after my 3 days and decided to talk with my boss regarding this. She said yes she told her and that she can look up my results herself at any time. I told her she has no rights to my medical records and now I do not feel safe at my own workplace. She said she would talk to my charge nurse. I feel like someone should have a talk with her too. I really am upset with this whole situation to say the least. They violated my privacy. Do I have rights as an employee?
My charge nurse should have been called in to the room and told in front of me that any disclosure of my medical records would be grounds for immediate termination. I have no knowledge how much of my medical history she seen. This is bad, bad, bad. Please give me input, advice. I am wrong for feeling like they had no right.
Thank you all for the great advice and support. I have contacted my risk management inside the hospital. She said she is going to look into this and speak with her boss and get back to me later today or Monday. I explained my fear of being fired and was told if I were to get fired after this was reported then the person firing me could get into trouble also..
Be very, very careful on what you say. It's much harder to go to court to get your job back than to never get fired to start with. I would have filed the complaint and left it at that....because by merely making that statement, you have already put them on the defensive.
I also have called 2-3 cival rights attorneys. I have one appt. on Monday to speak with one and see what they say. I have started a log of all dates, times and person involved with each and every step since this started. I have a feeling I am going to be jobless here soon in the future because I know there are some toes I am stepping on. .
Do not, I repeat, DO NOT tell anyone, except your husband (if you are married) that you contacted an attorney. Do not tell your most trusted friend at work. I am serious about this.
Do not, I repeat, DO NOT tell anyone, except your husband (if you are married) that you contacted an attorney. Do not tell your most trusted friend at work. I am serious about this.
Absolutely right. NO ONE at work should be made aware that you are seeking legal counsel. Let your attorney take over from here on out.
I would heed ozonerangers advice, I have seen the damage done when the hospital goes on the defensive against an employee... it's a living nightmare for years.
regards
dishes
You are absolutely correct. This was a knowing, deliberate violation of HIPAA.
Good luck in your upcoming job hunt.
ozoneranger
373 Posts
A very similar thing happened to me. I was admitted to the hospital where I was employed, my clinical manager was caught red handed reading my chart, when I took my complaint to hospital management, I was fired, and the clinical manager was promoted. The nurse that caught my manager with my chart was outraged until she realized she was caught in the crossfire & her job was at stake. She denied the incident happened to save her own skin. She was also fired at a later date for something she didn't do.
Hospitals will go to great lengths to protect their image. Unless you have proof positive that this infraction occurred, you're treading thin ice.