Concerning Legalities

[Yaps]

I worked for a major fast food company for 21 years, know everyone and they all know me.(now retired on LTD)
My daughter is now a manager of one of the restaurants in our area, and I have known her Gen Mngr for at least 19 years.
Her gen mngr is having heart function tests at the same cardio that I go to, and one nurse has told her that Im am so bad, talking about my condition.
The gen mngr called my daughter and told her what was said, my daughter in turn called me.
I dont know if I should be upset, but it kind of bothered me that Im being spoke about so freely.
Apparently the nurse said another mngr (my name) and how bad my heart and vascular system is,Im thinking confidentiality has been shot here.
Do I have a reason to be concerned? My head hasnt stopped hurting since I heard this, and my bp has shot to 160/98.
Its the thought of being spoken of I guess , with someone outside my drs. Anyone?

 

[Barry]

Whether divulging your medical info in this way without your consent violates State law and the regulations governing licensing of nurses in your state depends on state law. If you want to pursue it at the State level, my first call would be to the agency that licensed the nurse.

It definitely violates Federal law - HIPAA. This is enforced, I believe, through the US Office of Civil Rights and through civil lawsuits for damages.

If you're feeling like you got screwed over, I'd be inclined to pursue licensing complaint and/or complaint to the Feds and/or a lawsuit.

If you're just annoyed, I'd just call the nurse, tell her what's up, ask her to knock it off, and point out that if she's doing this with other patients she's putting her license at risk, risking penalties from the Feds, and risking a lawsuit from patients not quite so mellow as you.

 

[geebee]

If the nurse actually used your name (and not just inferred it and the other person assumed it was you), you have a major reason to be upset.

This is totally against the law and, of course, highly unethical.

I guess it depends on how far you want to take this. You could certainly report the practice to the appropriate agencies. You could probably consider legal action but I think you would have to prove damages of some kind.

I would, at the very least, get out my poison pen and send off a major complaint letter to the doctor.

 

[catwoman]

Yaps:
Perhaps your cardio needs to know this has occurred. Just a thought.
Sounds like he needs to retrain his staff about HIPAA.

 

[Barry]

...My head hasnt stopped hurting since I heard this, and my bp has shot to 160/98....

And there's your damages - i.e. pain & suffering, not to mention the inherent damage to your privacy that is involved with a confidentiality violation. If you're considering suing for damages, the first person to speak with is a trial attorney, even before you pursue licensing complaints, complaint to the Office of Civil Rights, etc., because when you're involved in litigation you want to do just about everything in consultation with your attorney.

Myself, I wouldn't be inclined towards suing, but you've got that option.

 

[Yaps]

Thankyou all,
I dont want to sue or anything... but it just unnerves me that Im being spoken about as if it were alright to do so. Ive spoken to the gen mngr and yes this did occur.
I have nothing to hide or such, shoot my history is right here for any and all to see,,, but dogonit, its bothering me.
I guess Im going to have to call, and voice my complaints..only she couldnt remember the nurse's name... not that it matter's. She was having a nuke stress and I know which nurse does those.
Now if my head would stop hurting.. love the pup

 

[Barry]

... I have nothing to hide or such...

Your right to privacy isn't contingent upon having something to hide. Good to see that you know that, wish more people did: Our 4th Amendment rights are continually eroded because they're premised upon what the courts find to be a "reasonable expectation of privacy", and the more folks don't protect their privacy because "I've got nothing to hide" the less protection the 4th Amendment provides us.

 

[gadgetman]

My 2 cents!!!!

My 2 cents!!!!

Yaps,

Seems like this has already upset you enough and further pursuit will only make things worse (my opinion). Just go on about your business and don't sweat the small stuff . If I knew all the things that were said behind my back (OR WHILE READING MY POSTS) I would have blown a gasket a long time ago . (DON'T GO THERE BARRY!!!!)

Just stick out your tongue, put your thumbs in each ear, wave the hands and say Na-NaNa-Na!!!!!!

May God Bless,

Danny

 

[Yaps]

Im sorry, didnt wish to sound petty. When John gets home I will see what he thinks. My head hurts so bad I cant think.... thankyou evreyone

 

[Barry]

Well, I'd kinda split the difference with what gadgetman said. Were it me, I don't think I'd go on a Crusade for Justice and file complaints and lawsuits, but I would at least ask the nurse to please respect my privacy in the future. No, I don't think it's worth working yourself up into a major frenzy over - but neither do I think it's something that should be just ignored because then it's likely to continue.

 

[Mary]

HIPAA protects a patient's privacy in all areas. That would include your doctor's office or a medical facility; anywhere there is medicine practiced.
A violation can result in a year in prison and $5000 fine (that's the max).
You would be doing your cardio a favor by reporting the nurse, so he can either talk to her or fire her, because he can be held liable also.

Since HIPPA is federal, it supercedes everything else--including state licensing agencies.

 

[Granbonny]

Do you know your daughter's General manager...to know that if she told your daughter..how many other people did she tell? Remember the old Parler game...where you whisper something in the next person sitting to you and they in turn whisper it to someone else..and by the time it gets to last person..Completely turned around??? If you have nothing to hide..Fine..but, remember the people you deal with insurance, ect..?If that had happen to me..I would be having a Hissy-Fit.. Bonnie

 

[ALCapshaw2]

Even if you don't want to take legal action, the DOCTOR needs to know what is happening in his office, preferably in WRITING.

'AL Capshaw'

 

[Yaps]

Granbonny, I know her Boss very well, I trained her..lol..so I did call her today and ask what was said, they were first discussing how stressful a job it is, then nurse wagmouth said I know (my name) is very bad, she is very sick..blah blah... this mngr hasnt any reason to lie to me, but I suppose she could.
It just caught me off guard , you know? I dont like the thought of a professional person doing this. Will let you know what happens. Love the pup

 

[tobagotwo]

I'm sorry that this has upset you so much, yaps. It is your privacy, and of course you have a right to be concerned.

I suspect the chatterbox nurse was responding to your friend's inquiries, and making an obviously incorrect and improper assumption that the two of you share a closer relationship than you actually do. As you have no interest in following this up in other ways, I suspect a word to the nurse would get you a flustered apology and a vow of silence.

Best wishes,

 

[bvdr]

Yaps, of course it is totally unethical and she shouldn't have done it. If you want to punish her then let the doctor she works with know about it and file a complaint with your state's board of nursing. If you just want it to stop, and be more charitable to her than she was to you, then just call her and her lips will probably never be loose about another patient in her life.

My youngest son was on a local police force for the last several years I worked as an ER nurse in our regional hospital. We regularily dealt with many of the same people but we NEVER asked for or exchanged confidential information about my patients or his.....??unsavory contacts?

Sorry you had this happen, Yaps.

 

[McCln]

Yaps

Yaps

You need to talk to this nurse. She has crossed a line when she discussed your health condition with another patient. She broke the confidetiality law. You need to set her straight about telling others that are not family members about your heart status. Good luck and hang in there. She crossed a line.

 

[Granbonny]

One of my best friends and I share the same PCP..She was in hospital for several months, coma, ect.. I made a comment to him..that she and I are best friends...His reply.....I'm glad she is doing better..End of conversation....Period.....I knew to keep quiet.. Bonnie

 

[Nan]

HI Yaps. so sorry you are having to go through this in addition to everything else! I agree that you should at the very least mention it to the nurse. She will most likely be so taken aback that she will never, ever, violate anyone's privacy again. Sometimes folks need a wake up call as to how serious "chatting" about someone else can be.

Lots of luck,

 

[Yaps]

Ok; Here's what Ive done.
First I called Dr's office and said I must speak to Dr , had to wait about 2 hrs until he calls back.
I explained what happened and if he could possiby look in to it.
That I really was bothered about it, told him about the rise in my b/p and headache, he's already concerned as they feel Ive had a few TIA'S.
I also informed him that I do not want her termed, she has a family...but that I would appreciate it if it would never occur again. He said he will investigate as this hurts his office's integrity, which I agreed, if I cant divulge my fears or pains to them , where can I go?
Thankyou everyone for responding, my head was literally aching so it was hard to see..lol and all of you helped me. Thankyou Yaps