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Discussion

HIPAA violation

I'm in; or was in an LPN program in NY. During clinical, I looked at my mom's chart on the computer (she is a patient at the hospital I was having clinical) with her permission. I was dismissed from the program and the hospital security is currently deciding how to pursue this. Will I ever be able to practice nursing or anything in the medical field again? Stupid mistake, I knew better but my concerns for my mother got the best of me. Not that it matters at all but she is battling cancer. What's going to happen to me? To my future?

Do I have any chance of becoming a nurse? 10 members have participated

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This was a very basic no-no rule. It doesn't matter if your mom gave you verbal permission. This is not a good thing and I'm thinking you just ruined your career. I'm being very honest. This wasn't a simple, Oh I made a mistake. This is a very, very big deal, and I'm not sure if you will get into any other program. You may also have much bigger problems if the hospital goes after you.

  • Author

What happens if the hospital doesn't go after me? Is it still on my record forever? I know this is the worst thing I could have ever done and I still don't know what I was thinking. I am terrified, as I know I should be.

The hospital doesn't go after you, they notify HRSA of the HIPAA violation. Fines range from $100-$10,000

  • Author

I am going to guess that dismissal from the nursing program will not be the only discipline I will receive. I am so ashamed, I never would look at a patient's chart that wasn't assigned to me; my mother shouldn't have been any different. Stupid. 2 months shy from graduation :(

I am going to guess that dismissal from the nursing program will not be the only discipline I will receive. I am so ashamed, I never would look at a patient's chart that wasn't assigned to me; my mother shouldn't have been any different. Stupid. 2 months shy from graduation :(

The odds of getting fined or sanctioned in this scenario are very low.

  • Author

Will this make it difficult for me to get into the medical field if the hospital does nothing?

Will this make it difficult for me to get into the medical field if the hospital does nothing?

Yes. You were dismissed from a nursing program for violating patient privacy. You will need to disclose this to other schools especially if you received financial aid

2 months shy from graduation :(

Christ....

You may wish to consider an alternate career path. You can try calling other schools and inquiry while not disclosing your name but giving info such as dismissed from another program due to confidentiality issue

  • Author

I hope I don't have to go that route. I held a 97% average in clinicals, I would make a good nurse. I made a dumb mistake, but not to place blame, the program was not very thorough or organized. There were different instructors for each floor and one instructor on BHU allowed us to view every single pt chart to see why they were admitted. All in all, no excuse. I knew better. It's just so discouraging that something like this ruined my whole life.

Seek a medical attorney. Hospital policy is very clear but your where a student with a educational institution this might of not been made clear to you. Looking at a pts record that you are not involved in their care is a big No. But if having permission or written permission by a text to look something up for your mother, let's say because she was confused about a medication and its side effects or she was given instruction and confused and embarrassed to ask questions and she ask you to look up in her chart the name of the drug. It might not be considered a HIPPA violation especially if her asking for information from her nurse and the info was not given to her and she went a different route by asking you because she knew you could get access. I'm not saying it was right and I don't want to give false hope. But when I comes to being dismissed from school, or someone is disciplined, fired or fined. ALWAYS seek medical legal advice.

Seek a medical attorney. Hospital policy is very clear but your where a student with a educational institution this might of not been made clear to you. Looking at a pts record that you are not involved in their care is a big No. But if having permission or written permission by a text to look something up for your mother, let's say because she was confused about a medication and its side effects or she was given instruction and confused and embarrassed to ask questions and she ask you to look up in her chart the name of the drug. It might not be considered a HIPPA violation especially if her asking for information from her nurse and the info was not given to her and she went a different route by asking you because she knew you could get access. I'm not saying it was right and I don't want to give false hope. But when I comes to being dismissed from school, or someone is disciplined, fired or fined. ALWAYS seek medical legal advice.

No she needs an administrative law attorney not a medical attorney.

The American Association of Nurse Attorneys has a lawyer referral service. Even if it costs you a couple of hundred dollars for a comprehensive consultation it is less costly than repeating your education. The one factor on your side is this is your mother and hopefully she will verify you had permission.

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