[flynursele]

I work as a nurse in a hospital. I have lupus and was already counseled about my absences. I became Ill at work with chest pain and shortness of breath. Followed protocol for pt. Safety and reported to the ER. Subsequently I learned that my immediate supervisor accessed my medical chart after she showed up in the ER and began to berate me due to my having to leave my unit. I feel she accessed my chart because she believed I was not ill but only wanting to leave work. I was found to have a pulmonary embolism. I was hospitalized for over a week and was placed on blood thinners. I asked for an audit of my chart access and learned that indeed my supervisor had accessed my chart when she was not on the care team, ie: she was not my nurse, was not part of the team caring for me. Do I have a law suit. Human resources has told me there will be repercussions for the supervisor but I am not allowed to know them. I feel she will do this again to anyone she sees fit. I have no clue to whom she shared the information she learned from looking at my chart. I feel violated and I would have been immediately terminated if it was I who accessed her chart. What are my options?

[Fr_Chuck]

You may file a complaint for violation of Hipaa. It does not give law suit ability.

The issue here, and I could argue either side in court. From our side, she was not on the medical team doing your work.

From the other, your supervisor when ill and in this case taken off the job, normally has a right to see your medical records keep at the place of employment for matters of management. She can check to see if you were really sick or not. Had this not been your supervisor but a co worker the issue is different.

But you may file a written complaint, the follow though is up to the hospital

[ScottGem]

I have to disagree with Chuck here on one point. The fact that you work in a hospital where you were also being treated for illness does not give the supervisor the right to access your medical records. She could have gone through proper channels, to confirm that you were, in fact ill. Had she done so, then there would have been no HIPAA violation.

But she did and HR has confirmed a breach, but they are also correct that they do not have to share with you what disciplinary action was taken.

I do agree with Chuck that a HIPAA violation does not give you law suit rights. You can report it, but all that will happen is the hospital will report a violation did occur and action was taken against the violator.

Your options are to ask HR what will prevent a repeat occurrence.