Patient accuses me of HIPAA violation

[BSNbeauty]

Patient and I are having a convo at the staff elevators. No one is insight. Patient states she wants to go home ASAP. I asked if she had passed gas yet. Next, thing I know she reports me saying I did a HIPAA violation. I was completely shocked. Hope this doesn't go anywhere.

[psu_213, BSN, RN]

I offered to have this discussion in her room and the patient refused.

I would make sure this is documented. For example "Patient was walking in hall. Patient asked this RN if she could be discharged. This RN suggested to pt we go back to her room and discuss this where her privacy could be assured. Pt refused. This RN then asked pt if she passed gas."

[BSNbeauty, BSN, RN]

I would make sure this is documented. For example "Patient was walking in hall. Patient asked this RN if she could be discharged. This RN suggested to pt we go back to her room and discuss this where her privacy could be assured. Pt refused. This RN then asked pt if she passed gas."

Documentation is everything. I definitely documented and I notified my NM of the complaint. She assured me that I have nothing to worry about. Worse case scenario, I'm also glad I have insurance.

[TheGooch]

It sounds like the patient has been reading too much disinformation online, and watching too many lawyer ads on TV. Is she next going to demand a cash settlement from the hospital?

I can just see it now if it goes to court.

Attorney:What part of HIPAA do you believe the nurse violated?

Plaintiff:The part that states they can't ask about passing gas while standing in the hallway. Someone could have overheard and it caused me great embarrassment and emotional distress so I'm suing for over a million dollars.

[BuckyBadgerRN, ASN, RN]

Even MORE of a reason to not overshare anything with this pain in the patootie woman!!

How did you know? This patient has reported almost every nurse that cared for them.

[akulahawkRN, ADN, RN, EMT-P]

I offered to have this discussion in her room and the patient refused. Looking back, I wish I would have never discussed anything with patient at that particular time and place.

The fact that you offered and she refused to have that discussion in a more private room only screams "setup attempt" and she probably know exactly what she's doing, though by refusing to find a private place only puts her "claim" in a worse position, not better for her.

That refusal of the offer of a more private discussion should most definitely be included in the documentation, if it wasn't done. Kudos to you for offering to have the discussion in the room, not in a public place! (Do we even give kudos any more these days?)