[barbara3]

My husband was admitted in the hospital on a Tuesday and was transferred to another facility on Thursday at 3pm. Our family friend who worked nights shift (7pm-6am) in the same facility opened my husband profile in the computer on Thursday night and was able to get all the medical information she wanted. The following day, she informed my sister about his abnormal lab results. My sister asked her how she got a hold of the informations since my husband was no longer a patient in that facility. She proudly stated to my sister that she got her ways of finding it. I was so furious. It's been 3 months and I am still very upset that the facility did not locked the information in their system after few hours the patient got discharged. I am very sure this is HIPAA violation. Only employees who has the sign on code able to go to the system. Now, my question is, if I make a big deal over this, and hire a lawyer, is there a case? I also worked in the same facility but plan to resign in the next month. Should I wait to make a complain? Our family friend worked in the Laboratory. She is not involved with direct patient care.

[Fr_Chuck]

Yes, she may have had permission to look at it. But did not have permission to tell anyone that did not have permission to see it. If the sister was on an approved list to receive info then it may not be.

[J_9]

Yes, this is a HIPAA violation. However, there is little you can recover monitarily unless it caused permanent damage to your husband.

As a nurse, I have access to the records of EVERY patient in my hospital, even though I work in Labor & Delivery, I can access the records of everyone who is on the campus and even those who have not been there for years. However, it is against HIPAA for me to look up info on any patient that I am not directly involved with their care.

I would suggest you go to the HR department about this infraction. While there really is nothing you can collect, at least this person will be reprimanded and possibly placed on suspension.