HIPAA violation by another student

[Dianacabana]

I recently had to visit the ER at my clinical site because I fainted during a procedure and hit my head (hard). As a precaution, the M.D.s ordered an EKG done. The next day my classroom instructor asked me about how I was feeling privately outside our classroom (she knows because she coordinates all the clinical rotations and clinical instructors report to her). A student who overheard us said loudly in the hallway "Oh, yeah, I saw your EKG." She was not a party to the conversation and was listening in. She is an employee at the clinical site but was not part of the group of people caring for me (more on my extreme embarassment later).

After thinking it over, I called the Pt. Advocate Dept. at the hospital. I don't want her fired but I DEFINITELY don't want that happening again. While the fainting was no great secret (kind of funny, actually), I felt that someone announcing what test I had done (and even that she saw it) was out of line.

I would have said something on the spot to her but I was about to take a test and blowing a gasket over it right then would have really been detrimental to my grade (as if my concussion was any help!)

Would you have done the same?

[Valerie Salva, BSN, RN]

I think you did the right thing. That student was out of line.

[caliotter3]

I agree. You were right to complain. A mistake by a student is more forgivable than a mistake by an employee. The student obtained this info by virture of her employment status. She knew better and her employer needs to know that she is flippant with patient protected health information. I hope they straighten her out. Also hope your head is better and you did ok on your exam.

[ghillbert, MSN, NP]

Wow. I would have spoken to the student, rather than reporting her.

[Dianacabana]

Wow. I would have spoken to the student, rather than reporting her.

True, I could have talked to her. I was uncomfortable with calling, and I was clear I did not want to mention her by name. And I also told the Pt. Advocate Dept. that I didn't want her fired. Does she need to work in a different area, maybe? Is this a first offense or a pattern? I can't say. Overall, I do not think she is a respectful person (from what I see in class) and so I didn't think this would work.

But I did weigh the option.

[Neptuneschyld]

I agree too. She should not have said anything about it even if the person you were talking to already knew. It may have just slipped out and she may have bit her tongue as soon as she said it .

Right now I'm workin as a Phlebotomist and we follow HIPAA as well. I had a donor who was offended by the fact that I passed by him one day at the store and didn't say anything to him. I explained when I saw him again that since I was with my boyfriend and daughter I could not let it be known that he was a blood donor because it would be in violation of his privacy. Well, he thought it was rediculous and just laughed. I believe if it where something a little more private like a colonoscopy or an aids test he would have felt different.

[lpnflorida]

Are you sure you did not have an EEG rather than an ekg? In which case your fellow student was obviously bluffing.

[Spotty44]

Doesn't matter, an EKG is private medical information even though it's "just an EKG". As an employee of a healthcare facility you are only supposed to look at enough information to get your job done. If this student was not a part of the OPs care, or the EKG didn't cross her path as part of her job duties, she had no right to look at her classmates EKG. Even if she did have a right to look at it, she has NO right to open her mouth.

[inland18mempire]

way too anal i think. it IS just an ekg. big woop. should she have blurted that out loud? of course not. did you go over-the-top by reporting her? absolutely. learn to pick your battles.

[LovebugLPN]

You are teaching her a kind lesson. Right now she may only lose her job but hopefully she will remember. Making that mistake in the nursing world will cost her a license.

[Dianacabana]

way too anal i think. it IS just an ekg. big woop. should she have blurted that out loud? of course not. did you go over-the-top by reporting her? absolutely. learn to pick your battles.

Well, what if it was the pregnancy test they had me take? I'm just as "anal" with any patient's information as I am with my own. I prefer "careful" or "particular." This isn't a "battle" either.

[vashtee, RN]

Although I wouldn't have done this to someone else, I wouldn't have reported her. I guess I am just not that sensitive. It's not like it was an HIV test.