HIPPA help

[nurse2238]

I am seeking help or information on what to do. We have a current situation where a nurse viewed a demographic sheet(name,address,birthdate-general information) on the hospital computer. No medical information was viewed like H&P,labs,test results. He had no idea this was a violation and thought it was only a violation if he disclosed the information, was not confidential, copied, or used the information for his own personal gain. He has been told this is inviolation of Hippa and received a written warning and loss of wages. He was told that viewing one's own records, a spouse or child, a relative or strangers was all violations. The person he viewed called in and stated they thought their records were viewed. Now this person is threatening to sue the hospital and the nurse. They are also trying to get monies out of the nurse as an out of court settlement and more than likely will try to sue the hopital too. Are Hippa violations open to private party suits? What should this nurse do?

[2ndCareerRN]

The person he viewed called in and stated they thought their records were viewed. Now this person is threatening to sue the hospital and the nurse.

How would this person know, unless they are friends with someone else in the hospital. Either the unit where the viewing took place, or someone in IT. I would go looking for the leak.

I would tell the nurse to get a lawyer. Don't cave in over this. It sounds like the "injured" party is just trying to make a fast buck.

I hate lawyers and the people who think they can sue for anything and everything. Actually, they can sue, but have to win in court, In this case it sounds pretty far fetched.

Another reason to carry your own malpractice insurance. At least they have lawyers you can talk to.

You don't say where this happened, but each state has different laws regarding privacy violations.

bob

[barefootlady, ADN, RN]

I am just a little confused. was this nurse viewing records he/she did not have a reason to view? If so, he should be getting the punishment you say he got. If not, then what is the deal?

Like the other poster how would anyone find out their records were looked at unless someone snitched? This sounds like a mess and this nurse needs to speak to an attorney asap.

I hope this turns out no harm-no foul for everyone involved except the nurse who has learned an invaluable lesson.

[ILpsychnurse]

Can anyone help me out? Where does Hippa cover rights of sex offender infomation? Does it cover anything like this being that a REG sex offende is a criminal offense and is public record and not health related. Any help would be appreciated.

[CCL"Babe", BSN, RN]

It sounds like your hospital should have a better inservice about HIPPA for it's employees.

I would think that in this day and age that most people would know that viewing anyone's ecords is wrong unless you need that info. Personally, I think that the industry has taken it too far.

I agree that it sounds hinky how this person found out that their records were pried into. Put your self in their position. I would not like people pulling up my info and checking it out. Though a law suit is a bit extreme

[Salty1]

Can anyone help me out? Where does Hippa cover rights of sex offender infomation? Does it cover anything like this being that a REG sex offende is a criminal offense and is public record and not health related. Any help would be appreciated.

Could you rephrase your question? Are you suggesting that an individual who is a registered sex offender is not afforded the same protection under HIPPA as other people? A conviction for a criminal offense becomes a matter of public record but this does not translate into public disclosure of the individual's medical information. Similarly, a person convicted of murder has the same protection under the law with respect to HIPPA. Having said that, I would add that if the criminal defendant's medical record has a bearing on the criminal charge, the court may subpoena the records.

Salty