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View Full Version : How can I know if my rights as a patient have been violated by my employer


cyserrano
Jul 3, 2012, 06:39 AM
I am an employee for a large respected private hospital. I recently received treated in the Emergency Room, where I am a clerk. I was having neck spasms while I was working, and decided to seek medical treatment during my lunch. I clocked out, received treatment and was released all during my lunch. Hospital policy states that an employee must be off the clock when receiving treatment. Which I complied with. Two weeks after, I was approached by management, questioning my actions on this particular day and questioning my visit to the Emergency Room while I was on the job. Because my visit was work related and because I missed work a day prior, I obtained a doctors note and submitted it the Employee Health Department. I felt violated due to fact that I was even questioned , because my employer apparently had reason to believe I was a patient while on the clock. Can they request times from me. They are wanting to know the actual time I was checked in, treated , and discharged. The problem is , I was physcially checked in, treated, and released all during my lunch. But the Nurses did not acutally discharge me in the computer system until an hour later, after they documented. but I was physcially gone and did not received treatment thereafter. How am I protected, I have feel violated.

J_9
Jul 3, 2012, 06:56 AM
Because my visit was work related This is why you were questioned.

joypulv
Jul 3, 2012, 07:11 AM
You were not violated in any way. Employers can question any medical issue they want; your health has bearing on your ability to work and your safety risk to the workspace and other employees. The matter is compounded by your claim that your condition is work related.
If there is a snag about the time you left the ER, then answer that question in writing. That's a separate issue.

cyserrano
Jul 3, 2012, 08:15 AM
I understand that they need to be aware of because my visit is work related. It is an old injury, and sought treatment during my lunch. What I do on my lunch is my personal business. A note was faxed to Employee Health for documentation to keep in my file. My employer did not question at any time if it was due to being work related. They are questioning my visit to the ER, which I feel is a violation. Since I work in the ER, they have access to viewing my chart because they are my managers of ER Registrations. Isn't that HIPPA, simply by just looking into my chart?

AK lawyer
Jul 3, 2012, 08:20 AM
You are making a mountain out of a molehill. Stop obsessing about it and get back to work!

ScottGem
Jul 3, 2012, 08:23 AM
First its HIPAA. Second, If they only looked at the times, there is no violation. You already stated that it was hospital policy that you use the ER only on your own time. So it was within hospital policy for the TIMES you were in the ER to be reported to management.

If you have any proof that they viewed your medical diagnoses and treatment you might have a case for a HIPAA violation. But so far the only issue you've reported is the timing issue.

cyserrano
Jul 3, 2012, 08:50 AM
You are making a mountain out of a molehill. Stop obsessing about it and get back to work!.
My job is on the line! But what do you care!. My personal time is my business.
If I can't get them for HIPPA violation, I can get them for harassment!

cyserrano
Jul 3, 2012, 08:54 AM
First its HIPAA. Second, If they only looked at the times, there is no violation. You already stated that it was hospital policy that you use the ER only on your own time. So it was within hospital policy for the TIMES you were in the ER to be reported to management.

If you have any proof that they viewed your medical diagnoses and treatment you might have a case for a HIPAA violation. But so far the only issue you've reported is the timing issue.
.. Thank you, that's that problem , I can't prove it! I have reported the timing issue, but they want details on the timing... at this point , my union has become involved, because they are asking me all this without union representation. So I explained the them I will not discuss anything further with them without my union being present. Thank you for your help

ScottGem
Jul 3, 2012, 09:38 AM
You should have mentioned you were union in the beginning. I would have advised you to immediately take this to your union rep.

But also you didn't make this an issue of your job being on the line. Simply that the situation was noted. The matter is simple. You show when you clocked in and out, and you get a statement from the nurses that they did not finish the paperwork until after you had left the ER.

Fr_Chuck
Jul 3, 2012, 10:02 AM
You can't make a case at all. In fact they were within their rights completely to question this.

They felt you violated a company rule and have a right to investigate.

You seem to be up set on something that is nothing.

cyserrano
Jul 3, 2012, 10:18 AM
You should have mentioned you were union in the beginning. I would have advised you to immediately take this to your union rep.

But also you didn't make this an issue of your job being on the line. Simply that the situation was noted. The matter is simple. You show when you clocked in and out, and you get a statement from the nurses that they did not finish the paperwork until after you had left the ER.
Thank you, they are aware of my clockings, they new that before they even spoke to me about the issue. If it gets to that point, I will need to get a written documentation from Nursing/MD who treated me. I apologize, I should have mentioned the Union issue. Im thinking ahead of what I feel management is thinking of doing and the impression I got from them when they spoke to me.
I just wanted to get others opionion of this whole matter.

cyserrano
Jul 3, 2012, 10:23 AM
You can't make a case at all. In fact they were within their rights completely to question this.

They felt you violated a company rule and have a right to investigate.

You seem to be up set on something that is nothing.

Yes, you a right. I know they feel I violated the company rule. Which I didn't, and yes I am very upset. I have been employed here for over 18 years, and I feel like they want to fire me. Thanks.

joypulv
Jul 3, 2012, 11:00 AM
Trying to find an excuse to fire you is yet another issue.
Fortunately you have your union.
I hope you will bring up your medical problem on the medical board here. (Speaking as someone who has numerous pains and how I have trained myself to sit and work certain ways when at my desk.)

cyserrano
Jul 3, 2012, 12:24 PM
Trying to find an excuse to fire you is yet another issue.
Fortunately you have your union.
I hope you will bring up your medical problem on the medical board here. (Speaking as someone who has numerous pains and how I have trained myself to sit and work certain ways when at my desk.)

Thank you for your comment, this has been very helpful . I can put this matter somewhat to ease. I have a feeling that its not going to be pretty, I'm usually right with my gutt feelings. I hope I am wrong... all this is new to me, which medical board?

joypulv
Jul 3, 2012, 11:23 PM
Click on Browse, then Health, then Medical Conditions.