How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Dimitry K., Esq. Your Own Question

Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38784
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
18572087
Type Your Legal Question Here...
Dimitry K., Esq. is online now
A new question is answered every 9 seconds

A friend works at a hospital as an RN. Last thursday he had

Customer Question

A friend works at a hospital as an RN. Last thursday he had an episode at work where he stopped breathing and became incoherent. Now, he has been revived and is still in the hospital. This morning, the chief nursing officer notified him that he is being referred to the state nursing board because of the possibility of him "coping" with his job by taking too many of his medication. Now, no one knew about the medications he had been taking, and he did tell the nurses during admission but has told no one else and was put on a "No pub." To see that he was on these medications, the CNO would have had to look into his medical records. Now, he said that the board will investigate as taking care of patients while under the influence of something. Is it legal for the CNO to just look into her medical files without consent? Furthermore, what recourse do we have, legally?
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question.

That is a very good question. Does the RN work in the same family and same department that took him in for treatment? Did he consent to the attending to hae them look into his file and records?
Customer: replied 1 year ago.

No, the RN works in a completely different unit, however, the accident occurred at work triggering a rapid response to the ER. No, he never consented to have anyone look into his personal file.

Expert:  Dimitry K., Esq. replied 1 year ago.

Ben,

I am likely seeing this as no violation based on this argument. Here is why.

Your friend had an episode and became incoherent. When someone becomes incoherent, the nursing unit and the doctors are permitted to apply care and to make whatever life-saving decisions they deem necessary to ensure that your friend's life and health is stabilized. That would permit the on-call parties to look up his medical records, and potentially contact the CNO (who, being the supervisor, can be asked to evaluate or take part in care for in-house patients). Since the CNO is then acting in the scope of her duty and employment, that would permit her to look up medical records and assist with care, or provide the nurses with additional otherwise confidential information pertaining to how stabilize an assist your friend.

I agree that simply going into his file may be a violation of HIPAA since only supervisors have a right to know about medical conditions disclosed to the employer, but in an emergency situation, under the guise of saving a life or stabilizing his status, the nursing unit could review medical information if it was deemed pertinent or useful for his care. At least that is how I see the hospital legitimately justifying their decision.

Good luck.

Customer: replied 1 year ago.

The issue is that he was put back on stable last thursday when the episode happened. The CNO did not make her response apparent until today, so I don't see how it would be in her scope since he was brought to a stable condition almost immediately after the episode happened.

Expert:  Dimitry K., Esq. replied 1 year ago.

Ben,

I appreciate your 'poor service' rating. It appears that this rating was given because my professional opinion disagreed with yours. It is fairly tough for me to provide you with an honest response if you end up essentially punishing me for being truthful with you. In addition, the CNO is in charge of both nurses on staff--that gives her the right to look into his medical file, or rather his employment file if it has a medical affidavit and review such information. This wasn't a subordinate or a co-worker, this was a boss who could most definitely review such information if it was provided to the employer before the episode. This is therefore not a violation.

Good luck.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38784
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Dimitry K., Esq. and 11 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Did you receive my response?

Expert:  Dimitry K., Esq. replied 1 year ago.
Ben,

My apologies but I did not. Could you repost please?

(My apologies on the delay responding, I was not ignoring you, I was online and did not see this subsequent post, thank you!)

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 
Chat Now With A Lawyer
Dimitry K., Esq.
Dimitry K., Esq.
Attorney at Law
16644 Satisfied Customers
Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.