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Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 27386
Experience:  Employment Law Expert
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I am an RN working at the hospital. I was in patient s (she

Resolved Question:

I am an RN working at the hospital. I was in patient 's (she is an employee of the hospital) medical record to input her blood sugar result because she fainted the day before. It was the record from the ER and computer would not let me do that. I asked other co-owoker to place the result as an external lab result. It worked.
Now I am on investigative leave with possible termination because my name was in the medical record. I thought that I was doing my job...
Could I be terminated for "violation" HIPPA?
Thank you.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dwayne B. replied 1 year ago.

Dwayne B. :

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

Dwayne B. :

Do you have a written contract?

Customer:

No. I have been employee of this hospital for 18 years.

Dwayne B. :

Unfortunately, CO is what is known as an employment at will state which means an employer can terminate an employee at any time for any reason other than race, age, gender, etc.

Dwayne B. :

I don't think what you did was a HIPAA violation since you were attempting to enter medical info.

Dwayne B. :

However, an employer can even fire you for a reason that is incorect.

Customer:

Is there a way for me to fight it?

Dwayne B. :

No, not the termination. You could hire a lawyer to put together a packet explaining why it is not a HIPAA violation but that doesn't prevent the termination it just may make it less likely.

Dwayne B. :

WHat the lawyer would do is explain the law because it has been my experience that the medical professionals don't really understand what a violation is or is not.

Customer:

What about my reputation? I am a very good nurse and never had problem or complaints profecionally

Dwayne B. :

That really doesn't have any effect on the ability of the employer to terminate you.

Dwayne B. :

You might be able to prevent them from giving you a negative reference but your reputation doesn't mean they can't terminate you.

Customer:

How do I prevent them from giving negative reference? Do you think I will be eligible for an unemployment?

Dwayne B. :

You should be eligible for unemployment although they may contest it and you have to explain why was not a HIPAA violation. To stop them from giving you a negative reference you have a lawyer send them a letter threatening to sue them for slander if they do.

Customer:

What slander means? Do you think I should get a lawyer or not? Can I sue them in case of termination?

Dwayne B. :

Slander is when someone tells lies about you.

Dwayne B. :

I definitely think you should get a lawyer involved. They would be better able to make your points for you and, in addition, if you get terminated they may be able to negotiate a deal where they give a neutral reference and don't oppose unemployment.

Customer:

Thank you! Did I forget to ask you something important? Can I print our conversation?

Dwayne B. :

Yes, you sure can. After you issue your Positive Rating the question will change formats to a regular Q and A instead of a chat. You can then use the print function in your browser to print the whole thing. If there's any problem let me know and I'll contact the moderators and get them to help you.

Customer:

Thank you!

Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 27386
Experience: Employment Law Expert
Dwayne B. and other Employment Law Specialists are ready to help you
Expert:  Dwayne B. replied 1 year ago.
You're very welcome.
Expert:  Dwayne B. replied 1 year ago.
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR DWAYNE B” in the subject line or as the first words of your question and I will pick up as soon as I see it.

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Dwayne B.
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