Patients son who is a MD violating HIPPA & is just a jerk!

[Manatee111]

I am currently working a nursing home. The other night 2 of the aides came to a patient's room where I was caring for a patient and asked to speak to me. There was a family member of a patiet (, but not my patient) standing at the medication cart going through the MAR. The aide said he'd told her he was the patient's son and a physician so it was ok. We all know it isn't "ok". So I went over and asked if he had questions regarding his mother medication and I told him in order to answer them I'd have to check the MAR. He stepped back and I checked the MAR and answered his questions. I explained to him that if he had any further questions that he should ask the nurse because it is a violation of HIPPA and the rights of the other patients for him to be going through the the MAR. The patient and her family then went for a walk through the building. Later, when no other staff or his family membesr were around the man came up to me at my med. cart and put his face close to mine and said, "You'd better never speak to me like that again. I am a physician and that is my mother. I will look if I want. It is my right!" Then he quickly walked off. Now I've only been a nurse for a few months so I had no "Come backs", but the part that makes me mad is I told my supervisor and nothing was done. No type of report. No discussion with the family. I would be horribly angry if I'd planned working there long term, but I just got my RN and my two week notice is already in and thankfully since the supervisor obviously doesn't think that her staff deserves to be respected. I think that sometimes nursing homes are too concerned with customer service and making families happy than with doing whats right!

[leslie :-D]

if he was/is the poa, then hipaa wouldn't apply.

if he's not, then you were 100% correct and with time, will learn to stand your ground.

best of everything.

leslie

[morte, LPN, LVN]

if he was/is the poa, then hipaa wouldn't apply.

if he's not, then you were 100% correct and with time, will learn to stand your ground.

best of everything.

leslie

if he is POA, he has the right to look at his MOM'S chart/MAR, but not THE mar....the book where all the mars are kept for the floor, and he still needs to ask first...so he can provide the info that he is indeed the poa....

[BlueRidgeHomeRN]

if he was/is the poa, then hipaa wouldn't apply.

if he's not, then you were 100% correct and with time, will learn to stand your ground.

best of everything.

leslie

yup,,

:yeahthat::yeahthat::yeahthat::yeahthat:

[Nursetastic]

It sounds as though your facility has a MAR that includes multiple patients, am I correct? You stated he was violating the HIPAA rights of other patients, which he was if this is the case. Otherwise, I agree with Leslie. He may have POA and be entitled to his parent's information.

[BBFRN, BSN, PhD]

I'm with morte. He only has the right to view his Mom's MAR (if he's the POA). If he's that curious, then why doesn't he speak with his mother's physician, who is his colleague. Something is not right about him. He may be a physician, but I wonder if he still holds a license, KWIM?

[leslie :-D]

if he is POA, he has the right to look at his MOM'S chart/MAR, but not THE mar....the book where all the mars are kept for the floor, and he still needs to ask first...so he can provide the info that he is indeed the poa....

oh, definitely.

no one has the right to walk up to an mar and randomly look...

because even if he is looking at his mom's mar, he still would have access to everyone else's, which clearly violates hipaa regs.

i should have been more specific:

that yes, if he's the poa, he has the right to have access to mom's chart, and current regimens.

but it is not ok to help yourself.

never.

leslie

[Nacki, MSN, NP]

I've had famliy members and friends call me and tell me they are MD's in order to get info. I always ask what service they are with...I've gotten dentists to dermatologists asking about the pts brain tumor! My point is, he may not even be a MD, just someone with a Phd saying he was a Dr. On the other hand, being a Dr. he should ask his mothers doctor for information, since he had to throw that out there. I don't think it is rightfor him to look through the chart on his own accord though. Being a patient you can look through your own chart but you still need to ask and be monitored. What if he pulled things out the chart or altered documents? He needs to ask for permission instead of taking it upon his self to flip through the MAR book.

[zamboni]

Is the patient competent and alert/oriented? If so, does him being POA hold any weight yet? I thought POA only kicked in if the patient wasn't competent to make their own decisions.

[northshore08]

I'm making some assumptions, but here goes.

Even it it was only his mom's info and he WAS the POA, he was in the wrong. He is not familiar with your documentation, and should have approached staff first before accessing anything. According to the OP, he still had questions for the nurse, even though he was looking at the MAR previously. Evidently he did not know what he was looking at.

Document the incident and make a written report to the HIPAA officer for your facility. It is also a safety issue for staff to be verbally threatened by family members, and I would make another report to your safety officer.

In my experience (hospital, not nursing home,) when the HIPAA police are notified, they are on it like a chicken on a June bug.

I definitely would not put up with this blowhard and his behavior.

You go, Manatee!

[BBFRN, BSN, PhD]

I've gotten dentists to dermatologists asking about the pts brain tumor! My point is, he may not even be a MD, just someone with a Phd saying he was a Dr.

The OP stated he said he was a physician.

I assure you that there are not these wild hordes of 'just PhDs' running around in healthcare facilities calling themselves Dr, so they can trip the nurses up into violating HIPAA, etc. PhD is not below MD in education, BTW.

[Nurse_Hagatha]

Later, when no other staff or his family membesr were around the man came up to me at my med. cart and put his face close to mine and said, "You'd better never speak to me like that again. I am a physician and that is my mother. I will look if I want. It is my right!" Then he quickly walked off.

That man is a creep and has issues. A normal person would have respected your position and gotten his mom's information the proper way. Are you just expected to look at him and know he is an almighty MD? Of course, with his attitude it is highly likely he is, but still, and I mean no disrespect to all of the excellent and respectful MD's out there.

You're a good nurse and you did the right thing.