possible HIPAA violation leads to harassment, hostile work environment

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aint2good

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Yesterday my 1-yr old daughter swallowed some nail polish remover. My wife rushed her to the hospital ER where thankfully it was determined that she hadn't consumed enough to be dangerous.

My wife happens to be an RN working part-time in this very same ER. While she was there, she noticed behavior from several staff (including her own supervisor) which seemed to indicate that they were talking negatively about her and her "over-reaction" to the situation. Some of the staff involved in the discussions had not been involved in the treatment of my daughter. Later we received an indication from one staff member present that this is indeed what was happening.

It seems to me that what occurred may have been a HIPAA violation ... these people were not involved in the treatment of my daughter, and my wife and I had no desire for these people to know the situation, let alone discuss it candidly.

Stemming from the incident, my wife was persuaded to file a complaint with the hospital patient relations department. My wife's supervisor was included on the meeting that followed, and one of the key points made was that the supervisor was only allowed to discuss the event with one specific staff member not already present, and that neither of them were to discuss the situation with anybody else.

Within an hour of that meeting, my wife received a call from a co-worker in the ER, and learned that both the supervisor and the other staff member were discussing this openly with several staff members, and that some of these other staff members were now angry with my wife (for whatever reason).

I contacted the hospital patient relations director and explained to her what had occurred. My wife had been scheduled to work last night ... I informed her that she would not be working that evening, and asked her to notify the supervisor. I also told her that my wife and I would consider the situation and let her know what we intend to do. My wife called today crying about a subsequent call from her supervisor, and it was very harassing in nature.

My wife, normally a very strong person, has barely left the couch since this happened, and has been crying a lot. She is clearly under a lot of stress from this situation. She now has to face a hostile work-environment and harassment from her co-workers, even though she committed no wrong. Her supervisor and her supervisor's group of friends have harassed her repeatedly in the past, including specific accusations of a sexual nature. Normally we just brush these things off, but we take a little more offense when our children are involved.

Thankfully my wife's resume is very impressive, and as a nurse she has many opportunities ... but other than things like this she really loves her job. Given that this situation has occurred in the context of a (possible) HIPAA violation, should my wife and I seek legal counsel, or should we just move on?

Thanks!!
 
You always have the right to seek counsel from a lawyer. The problem would be that the working environment would probably be even more hostile and she would want to leave any way. I would continue to work with the patient relations department, however it seems this is a Human Resources Department/personnel problem and a formal written complaint should be filed there as well. It won't get better so she may want to seek employment elsewhere. Another option may be to request a move to another area of the hospital with a different supervisor. If your wife is stressed out and crying all the time she may need help from a counselor. Her depression effects the whole family and maybe the counselor will be able to give her a different perspective that may help her cope. Also, a lawsuit would probably be very painful for her and takes a long time to resolve, leading to more stress and maybe a deeper depression. No one can tell you whether to seek counsel or move on. You have to make that decsion. Look carefully at all your options and decide which would be best for your wife and family. Good luck and I hope things wil get better for you and your family.
 
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