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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118765
Experience:  20+ Years of Employment Law Experience
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My mom is a patient at a hospital myself and a nurse at that

Customer Question

My mom is a patient at a hospital myself and a nurse at that hospital had a disagreement about something to be done to my mom. The nurse went home discuss it with her husband who work at the same terminal as I am & he came asking my co worker to point me out secretly to him . What can I do because I'm feeling scared for myself also my mom who is in her care .
Submitted: 1 year ago.
Category: Employment Law
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.
First of all, for the nurse to disclose any personal health information about any patient is a violation of HIPAA and grounds for the nurse to be terminated and lose their nursing license as well. The first thing you need to do is file a complaint to the hospital and the US Department of Health and Human Services, as they are the only agency with enforcement authority under HIPAA and you cannot sue personally under HIPAA.
If you have a legitimate fear for your safety based on this encounter and for your mom's safety, then you would again report it to the hospital for them to keep her from working near your mother and you could go to court and file for a restraining order if you have more than just this dispute to show actual physical danger to you or your mother.