My father's health information

[Catcar1963]

My estranged father is in a health care facility after a stroke, and has no contact with me or my siblings (his choice). My brother's friend is a nurse at a facility my dad was at previously. Yesterday the nurse found my dad's psych eval, and gave it to my brother. Now my brother wants me to read it and tell him what it all means. At first I wanted to see it. Thankfully I came to my senses quickly, and told my brother I could lose my license if I got involved, and that what he and the nurse are doing is illegal and unethical. I want to report the nurse but I don't know who she is, and I'm in a different state. Should I do anything, or just forget about it?

[applesxoranges, BSN, RN]

Chances are it is paper records. You could contact the facility or there is an anonymous reporting system. If it is paper records, it will be hard to track down who it was that copied it. If it was electronic, well, they could track it down fairly easily as in who printed what.

What they did was unethical. It could require additional training for that nurse if not being fired. If you were on speaking terms with your father, would you be outraged that this happened?

[amoLucia]

The past is past; information was obtained improperly; you have no need or real reason to know the consult's content as it won't make any difference to your family relations, past or present.

I don't know that I'd want to get involved with that other nurse except to let it be known to her that what was done was PROFESSIONALLY unethical and a HIPAA violation. Just let her SWEAT IT for her indiscretion! It won't benefit you, your Dad, or your family, to get involved, so let it go. I'd not want to get involved in 'bad blood'.

But going forward, who has medical POA? Again, since it's NOT you, I'd stay out of it. Unless you get pulled in via appropriate channels. At that point, you can stir up the pot to shake up that other nurse.

[jadelpn, LPN, EMT-B]

Depends on who the POA/Heath care proxy is for your father, and whether that has been invoked or not. All information that you have no need to know unless it is you.

Even if it is your brother, there's a process that needs to be followed to get records, with a paper trail involving a request to medical records.

If you have malpractice insurance, consult them. Unfortunately, because your brother informed you of the way this report was gotten, and the fact that he is in possession of confidential medical records, this COULD be enough to land you in hot water for NOT reporting it.

There is sometimes a parent company website for facilities and on it a reporting system for ethical breaches. I would make use of it.

Especially if your father has a wife/partner/friend who is their HCP/POA in this lawsuit happy world we live in.