HIPAA violation

Published

  1. Do I have any chance of becoming a nurse?

    • 3
      No
    • 3
      Yes
    • 4
      Depends on school/program

10 members have participated

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?

Specializes in NICU, Trauma, Oncology.
So HIPAA is so black and white that verbal authorization isn't considered? Are there any cases where verbal authorization was enough?

Pretty much. You can't even access your own health record if you were a patient at the facility. You would have to go through the proper channels and request copies of your record.

Up Vote Up Vote ×
Specializes in HH, Peds, Rehab, Clinical.

You violated a FEDERAL LAW. It's not the hospital you need to worry about. Your program did the right thing, students that can't abide by such basic rules are a liability to a school, pulling crap like that is what might make a clinical site not allow students to do clinical rotations with them.

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.
Up Vote Up Vote ×
Specializes in HH, Peds, Rehab, Clinical.

Oh, I'll bet it WAS made very clear...

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.
Up Vote Up Vote ×
Specializes in HH, Peds, Rehab, Clinical.

There are proper channels to go through if mom wanted OP to take a stroll through her medical records. Saying "sure honey, it's ok with me if you snoop" is NOT acceptable

From what I'm reading, it seems there's no consideration the patient is a direct relative who did give verbal permission; is that correct? Are there any areas where a patient could give verbal permission?

NovaNala: I'm sorry you are going through this event, and I hope you are shown mercy and grace.

Up Vote Up Vote ×
Specializes in HH, Peds, Rehab, Clinical.

Sorry. I call total bs on this. You're even telling us now that you knew better. Which is it.

That's correct, my mom asked me to look at her progress report because they're telling her nothing. She's trying to fight with THEM. We were never taught about HIPAA and having permission.
Up Vote Up Vote ×
Specializes in HH, Peds, Rehab, Clinical.

What were you taught in nursing school?

So HIPAA is so black and white that verbal authorization isn't considered? Are there any cases where verbal authorization was enough?
Up Vote Up Vote ×
You violated a FEDERAL LAW. It's not the hospital you need to worry about. Your program did the right thing, students that can't abide by such basic rules are a liability to a school, pulling crap like that is what might make a clinical site not allow students to do clinical rotations with them.

Well unfortunately the program lacked a lot of basics, that was not my fault. The fact that a previous instructor allowed us to look at every single pt chat r/t admission can make things a bit confusing... Pointing blame does me no good, but you stating "pulling crap like that" is a bit harsh when you don't know the problems with the program I was in. With that said, yes I know what I did was indeed wrong and I am deeply remorseful and kicking myself for such a stupid mistake that I could have avoided.

Up Vote Up Vote ×
Specializes in Hospice, Palliative Care.

While I appreciate the educational aspect of this thread, I don't appreciate the lack of mercy, grace, or simple compassion. One person running for President is being investigated for breaking a number of federal laws; chances are high she will not see any punishment given the justice department gave ~$75K towards her campaign. I see more mercy and compassion shown in the recovery-based threads than in threads like this one. Talk about nurses eating their young before even becoming nurses.

P.S. To BuckyBadgerRN, RN with the comment of "Oh, I'll bet it WAS made very clear...," Until someone is in someone's shoes and in the situation, none of us know. Not me, not you. And I know I learned new things from this thread that WERE NOT taught in any of my classes to date (3 semesters down). So while I'm glad to have found out some of this before I made a mistake in this area, don't assume things are black and white when it comes to what is taught in different schools, hospitals, and clinicals. And please consider showing compassion.

Up Vote Up Vote ×
Well unfortunately the program lacked a lot of basics, that was not my fault. The fact that a previous instructor allowed us to look at every single pt chat r/t admission can make things a bit confusing....

There is a huge difference in looking a patient's charts that you will be caring for and looking at a family members chart. I'm not sure how much more basic HIPAA can be: don't look at a chart if you aren't caring for the patient.

Up Vote Up Vote ×

Everyone has a right to their own opinion. Yes, I knew better; to ask my instructor about verbal consent!!!!!! HIPAA laws should have been TAUGHT specifically! Call "bs" all you want. We were never educated on consent of viewing charts, or as you say "taking a stroll through medical records".

Up Vote Up Vote ×
While I appreciate the educational aspect of this thread, I don't appreciate the lack of mercy, grace, or simple compassion. One person running for President is being investigated for breaking a number of federal laws; chances are high she will not see any punishment given the justice department gave ~$75K towards her campaign. I see more mercy and compassion shown in the recovery-based threads than in threads like this one. Talk about nurses eating their young before even becoming nurses.

P.S. To BuckyBadgerRN, RN with the comment of "Oh, I'll bet it WAS made very clear...," I'm glad you are not God. Until someone is in someone's shoes and in the situation, none of us know. Not me, not you. And I know I learned new things from this thread that WERE NOT taught in any of my classes to date (3 semesters down). So while I'm glad to have found out some of this before I made a mistake in this area, don't assume things are black and white when it comes to what is taught in different schools, hospitals, and clinicals. And please consider showing compassion.

While the school may have not taught you, hospitals make you sign a HIPAA release form. It's your responsibility as the signer to read it. School can and will be dropped from clinical sites for things like this. If they aren't teaching like you say, then they should do a better job. But you should also make sure you understand all the rules and policies of your clinical site.

Up Vote Up Vote ×
While I appreciate the educational aspect of this thread, I don't appreciate the lack of mercy, grace, or simple compassion. One person running for President is being investigated for breaking a number of federal laws; chances are high she will not see any punishment given the justice department gave ~$75K towards her campaign. I see more mercy and compassion shown in the recovery-based threads than in threads like this one. Talk about nurses eating their young before even becoming nurses.

P.S. To BuckyBadgerRN, RN with the comment of "Oh, I'll bet it WAS made very clear...," I'm glad you are not God. Until someone is in someone's shoes and in the situation, none of us know. Not me, not you. And I know I learned new things from this thread that WERE NOT taught in any of my classes to date (3 semesters down). So while I'm glad to have found out some of this before I made a mistake, don't assume things are black and white when it comes to what is taught in different schools, hospitals, and clinicals. And please consider showing compassion.

Makes me want to give up and just go a different route from the lack of empathy that I thought was a characteristic in all nurses.... I'm depressed and feeling like a lost cause and this thread has only worsened these feelings triple. You never know what someone else is feeling or going through; THAT they did stress to us!!!

Up Vote Up Vote ×
+ Join the Discussion