Is there a legal way to do this...

Nurses HIPAA

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Hope there is a HIPAA expert out there!

Here is the scenario,..very public, rape, murder of a 4 yr old in your town. The police have DNA that identifies the subject, his name and photo is on every TV station in town. He shows up in your ER, using a different name, but his tattoos ID him without a doubt. He is checked in as a pt. Is there any legal way to call the police?

This isn't homework. The story has been changed but the circumstances are similar to something that happened to a coworker recently. Is there a legal way to turn this creep in?

Specializes in Leadership, Psych, HomeCare, Amb. Care.
I know this is an older topic, but does anyone know of cases where a HIPAA violation was used to get a ruling thrown out or overturned? I hear about cases get won/lost/not heard in court due to technicalities - the accused wasn't weren't read their Miranda rights, they were arrested on false grounds, the police didn't have a warrant, etc. I've tried to look up a precedent, but can't seem to find a solid case. I'm worried that I'll be in this situation, do what I think is right to report someone, and then they walk free because I didn't report it in a legal way.

No, it wouldn't be thrown out, because you are not the police or an agent of the police.

We had a woman come in by ambulance that had just given birth to a still born. She had the placenta in a plastic bag. After consoling her. . The doc did an ultrasound and saw no signs of pregnancy. She refused vag exams until she went into the bathroom and stabbed herself in the lady parts to produce bleeding. Then the lab calls and says....uh.... there are fallopian tubes and ovaries connected to this placeNta. We called the police. Turns out she kidnapped and murdered a woman on her way to our hospital and cut the baby out AFTER She killed mom. They found moms body in this woman's basement. Very sad but we absolutely called the cops.

"ethics trumping personal need for employment".

And when you've lost your job, your nursing license, pay your $250k fine and spend 10 years in jail for violating HIPAA? Then what?

Follow proper hospital procedure, notify security and your supervisor, treat your patient.

Specializes in ORTHO, PCU, ED.

Fire me if you want to...I'll violate HIPAA before I'd let a murderer and rapist walk out of my ER.

"ethics trumping personal need for employment".

And when you've lost your job, your nursing license, pay your $250k fine and spend 10 years in jail for violating HIPAA? Then what?

Follow proper hospital procedure, notify security and your supervisor, treat your patient.

In the incident discussed in the OP, documentation was provided as to how there was no HIPAA violation.

Nobody's going to jail for notifying the cops that a fugitive from justice has set foot in a hospital.

Specializes in Med Surg.

call it under child abuse because you don't know if he has access to other children. You are a mandated reporter.

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