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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 113425
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Story short.... Patient and patient's son were upset at

Customer Question

Long story short.... Patient and patient's son were upset at surgeon for not ordering additional tests. As the nurse, she had permission to discuss pt's healthcare with son. They were right outside the room looking at CT report. An alarm went off in patient's room that the nurse had never heard before. She went to check the alarm and patient's son took cell phone photo of the report and another nurse saw him. The original nurse found out when she exited the room and had patient's son delete the photo. Now the original nurse should have minimized the screen prior to leaving the computer and entering the patient's room, but was responding to an alarm and possibly unstable patient. Is this hippa violation?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
No, if the son had authority to access of the patient's personal health information, then the son looking at or reading the information or even taking a photo of the information, would not be a HIPAA violation. In fact the son could have filed a request for a copy of the information, since he had permission to access the patient's healthcare.