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DanLegal
DanLegal, Lawyer
Category: Legal
Satisfied Customers: 1324
Experience:  Partner at McCollum Hodgkinson, P.C.
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Patient under anesthesia in Cath Lab has staff remove

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Patient under anesthesia in Cath Lab has staff remove blackhead from her pubic region. Places debris on towel and runs to front desk to laugh and in another room to laugh bothering another heavy lady who thinks they are laughing at her.
JA: What state are you in? It matters because laws vary by location.
Customer: Texas
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: The incident is now over a month old. They were told in meetings that something would be done. Big speech on hippa but nothing else. People that reported incident have been very mistreated while the offenders one of which has recently been promoted.
Customer: replied 8 months ago.
I thought that doing anything to a patient while under anesthesia would be felt with immediately. one of the girls that was very upset, they thought she was involved with the report. Got falsely accused of using drugs, stealing drugs from lab. She was suspended 10 days pending an investigation. Another was just let go for a minor hippa mistake, that should have easily been handled by saying don't do that. They had that option but they marched her out the next day.
Customer: replied 8 months ago.
This has to be private. Not online or anything. I have to work there and don't want to get fired!
Customer: replied 8 months ago.
I'm sure risk management has been involved but they are representing the hospital and not the patient. I wouldn't want that to happen to my mother or anyone. under anesthesia.
Customer: replied 8 months ago.
Please protect my privacy, they may figure out who I am.

hello my name is ***** ***** I am happy to help I'm sorry to hear about this situation, what specifically are you asking?

Customer: replied 8 months ago.
Is this a crime. Is it assault? Should they have been reprimanded or something? Is it a misdemeanor or a felony in Texas.

So a worker took the towel to go show people and laugh? I'm sorry I'm having trouble following the story.

Customer: replied 8 months ago.
The lady just finished a Cath. Still asleep from meds. The people taking care of her saw the blackhead and called another gal to see. She extracted the blackhead, then took it on a towel and ran to the desk while seven others laughed it up about this patients condition. In my world doing anything to a patient without consent is considered against the rules big time. Then. they went into another room to laugh with other staff and show them. This upset the patient in that room who started crying because she is very heavy and thought they were laughing about her.It's just wrong to do anything to a patient that is not ethical or against the rules while they are obtunded, asleep anthethitized or otherwise incapable of giving consent. but is it just morally wrong. or is it a crime?

Okay thank you for the information - the answer to your question is that it is not a criminal offense, but the patient could sue the practice for violation of duty of care and a HIPAA violation. Any medical personnel involved could be subject to losing their license and the business could face severe penalties and high fines. It would be very difficult for the individual persons to be sued personally, as they were acting on behalf of the Lab, but they could personally lose medical licenses and face fines for the HIPAA violation.

I hope that answers your question and could you please rate me with 5 stars

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