HIPAA VIOLATION

Published

Hi, I have a question...I was being harassed via email by some former friends and at my wits end, I threatened to publish their medical records on Facebook and tag them (clearly it was an empty threat). Nervous and vindictive, they called the personell department at my job and I was fired although I had no intentions on doing so nor did I ever access their information. I was told that I was terminated because I made the threat, they didn't even look at my computer records to see that i wasn't lying. I also asked if I would have known nothing about the email or what was going on what would have happened and they told me I would have still been terminated. I did not have access to Medical Records, but I found in the meeting that I'd access to claims data. Is this lawful and was this a violation of HIPAA, as they stated?

Specializes in Emergency, Telemetry, Transplant.

There is no doubt in my mind you deserved to be fired. What you did was unethical, inappropriate, and immature.

HIPAA violation? Who cares, does not matter in this case. You earned what you got (i.e. a termination) whether a legal violation or not.

(I apologize in advance if I am feeding the troll)

Specializes in Critical Care.

mmm I think getting fired is a little serious maybe just being reprimanded.

There are too many people desparate for jobs to keep anyone questionable around. You learned your lesson. Next time, just delete emails from people that bother you.

Specializes in ER/ MEDICAL ICU / CCU/OB-GYN /CORRECTION.

Be thankful you only got terminated and were not reported to the BON, had criminal charges pressed or had a lawsuit brought against you.

Specializes in OB.

Once you had made such a threat and it was brought to the attention of your employer why would you possibly think they would let you remain in a position where you would have access to such records? Seems to me they would then face the possibility of lawsuits/fines if any information ever were leaked.

I think it's funny that you're questioning whether or not your employer had a right to fire you! You used your position as a nurse to threaten someone with their personal medical info. That is WRONG!

I wonder what you would do if you got angry with the immuno-compromised confused pt who just spilt water on you? Would you go running down the hallway yelling to everyone that he was HIV+?

You should consider yourself lucky that you still have a nursing license!!

Specializes in Critical Care.

Not a HIPAA violation or illegal, but way outside of what would be considered 'reasonable and prudent' for a nurse. It is illegal to threaten someone with physical harm, or to try and gain something from someone by threatening to expose private information so you narrowly missed a criminal act, but I'm not sure why you gave people who were harassing you more than enough ammo to get you fired?

I applaud your employer for taking quick and appropriate action against you. You deserved to be fired. I hope you learned a good lesson here and never do this again.

I just noticed this was a first post. Could be a hit and run posting. lol

Specializes in LTC Rehab Med/Surg.
I just noticed this was a first post. Could be a hit and run posting. lol

Been a lot of those lately the last couple of weeks.

This is too bizarre.

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