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wildflowers54 · Dec 31, 2009, 01:18 PM

I recently had a fall over a electrical cord in a patient room while giving patient care. My nurse was there also. I followed the protocol, filled out necessary paperworks, was taken to the er, x-rayed and given pain medication. I called my charge nurse to let him know the results and that I wouldn't be coming back to work that night. The charge nurse told everyone about my injury without my consent. My hippa rights have been violated. I only called to report directly to him and he should have kept silent.

ScottGem · Dec 31, 2009, 01:52 PM

Actually, there may not be a HIPAA violation here. I gather you work in a hospital. But that may not be an issue here. You called your supervisor and told him the result of your medical evaluation and that you were not returning to finish your shift. Since you VOLUNTEERED the info there could not have been a HIPAA violation. That would have occurred only if your supervisor used their access to hospital records to find out about your diagnosis and treatment.

Now, your supervisor did commit a breach of ethics in revealing the info to your coworkers. But I'm wondering if they were aware that you tripped and were concerned about you and that's why he told them.

If you want to pursue this, talk to your HR rep.

caimin74 · Dec 31, 2009, 01:56 PM

There is a fine line between Hipaa rules for patients and for employees. HIPAA is geared more for the patients privacy. You have to look at all aspects of your situation. I.E. Your shift had to be covered, some explanation had to be given for that. It's not likely that something like that is going to be considered a HIPAA violation. Now if someone in the ER had given out your info, you would have a stronger case. But truthfully, you and your injury can dully be used as an example to other employees regarding employee safety. Sorry, but not likely you're going to get anywhere with that accusation. :(

Although I am a Registered Nurse. The views expressed are solely my opinion and I make no guarantees to their basis or outcome. Have a happy new year. WVRN

ScottGem · Dec 31, 2009, 02:06 PM

Originally Posted by caimin74

There is a fine line between Hipaa rules for patients and for employees. HIPAA is geared more for the patients privacy.

The OP WAS a patient. She was treated for an injury that occurred on the job. You are correct that, if the ER revealed the info, that would be a HIPAA violation. But the OP volunteered the info to her supervisor. So, while the supervisor may have committed an ethical breach, it wasn't a HIPAA violation.

caimin74 · Dec 31, 2009, 02:18 PM

I couln't agree with you more Scott. My point was that she was a patient AND an employee, It's kind of difficult to avoid everyone you work with knowing what happened when it happens on the job. The key here is that no medical tx/outcomes, or diagnoses were given out to anyone.