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SPKrazy Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-15-07 03:06 PM
Original message
So I did something I believed was/is the right thing to do...
someone violated a patient's confidentiality... I was told about this by a friend who worked somewhere else, that one of our employees had given people who worked there information about a patient that caused our patient to not be accepted to live in their nursing facility. For one the information was false, and secondly, even if it wasn't, it was protected information and he had no right to tell anyone about it. So I did what I believed and believe was right. I reported that breach. I didn't anticipate that the guy would end up being fired over it. He had some other issues that were also on his plate that added to that decision. So my friend who told me about the breach was not thinking it was a breach, just a bit of information that the guy had to share that would make the nursing facility's worker's happier. I told my friend that I had reported this and now I am persona non-grata. I received an email from them saying that they were very disappointed in me and so on and so forth.

Okay, I still believe I did what was right. A patient was harmed, albeit mildly by the action. It is illegal to share protected health information with someone when you are not doing it as an employee who is acting under a written release of information and doing so at the request of the patient or their guardian. This person who breached the confidence did so in a way that was wrong. He knew better as he is a nurse, has had training in HIPPA, and as to his motives for doing it I can only guess.

So I now feel a bit like I'm the bad guy here... I am working on that since my job is to be above the fray and be a patient advocate. I have a code of ethics to follow under my state laws; I have federal laws to follow in this regard, state laws to follow, and just a personal code of ethics that doesn't allow for someone giving information that harms a patient in any way.

:grr:

I'm feeling a little down about this anyway.

I sometimes just feel like I should have kept my mouth shut and that isn't right either.

Small thing in the scheme of things, but just thought I'd vent...

thanks

:hi:
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MrCoffee Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-15-07 03:10 PM
Response to Original message
1. it's unfortunate, but he did expose the facility to liability
what you did was/is right. your co-workers have no business treating you as though you are at fault.
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SPKrazy Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-15-07 03:15 PM
Response to Reply #1
6. oh gawd, my co-workers don't know that this happened
they just know the guy is gone

this person works at the facility where the guy who worked at our hospital, also worked at their facility... so he i guess didn't understand that information isn't freely passed from one place to another unless there is a valid reason and a signed release of information to do so.

he had no valid reason to do so.

i shudder to think that some of my co-workers would probably blame me too.

at least my immediate supervisor and director agreed with me. They are the ones who fired him anyway.


:hi:

thanks
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MrCoffee Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-15-07 03:16 PM
Response to Reply #6
8. sorry, i must have misread your post
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SPKrazy Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-15-07 03:17 PM
Response to Reply #8
10. i may not have been clear
:hi:
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Bullwinkle925 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-15-07 06:23 PM
Response to Reply #6
22. i agree with gormycuss . . .
being *ethical* doesn't always feel right, but it is the right thing to do.
good on you.
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Gormy Cuss Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-15-07 03:11 PM
Response to Original message
2. Don't feel bad for being ethical.
Maybe your friend will eventually figure out why you reported it.

:thumbsup:
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SPKrazy Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-15-07 03:12 PM
Response to Reply #2
3. i've tried to explain it
to no avail

but i guess if they are a true friend, then that shouldn't be an impediment to friendship.

If it is, then to hell with them
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Gormy Cuss Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-15-07 03:19 PM
Response to Reply #3
11. Yup.
Either your friend respects your ethics or doesn't, and if it's the latter then it's best to move on.
FWIW I've had similar riffs with some friends in the past and we eventually got past it. The friends who couldn't are no longer my friends, usually by their choice not mine.
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IntravenousDemilo Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-15-07 06:54 PM
Response to Reply #3
23. If your friend refuses to listen to your reasons, my very strong suggestion...
...is that you get your immediate supervisor or the director to summon your friend to the office and sternly explain directly to him or her (without using the patient's name, of course) that what you did was the only legal and ethical thing to do. If that doesn't work, the big boss will have to assemble the staff and remind them of hospital policy and the legal issues involved.

You know, if they're working in a health facility, your co-workers should have been briefed about patient confidentiality as part of their orientation. I was.
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SPKrazy Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-15-07 08:40 PM
Response to Reply #23
28. absolutely
they have been

:hi:

thanks
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fizzgig Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-15-07 03:13 PM
Response to Original message
4. you did the right thing
like you said, your job is to be an advocate for the patients and that is something that should not be taken lightly.

i'm sorry that your friend is treating you like this

:hug:

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SPKrazy Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-15-07 03:16 PM
Response to Reply #4
7. either they are a true friend
or they aren't

time will tell

:hi:

:hug:
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fizzgig Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-15-07 03:20 PM
Response to Reply #7
12. but it still sucks
:hug:
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SPKrazy Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-15-07 03:21 PM
Response to Reply #12
13. well i was surprised to get an email from them at all
after i told them what i did the other day

but the email wasn't a very friendly one either.

:hug:
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IntravenousDemilo Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-15-07 06:57 PM
Response to Reply #13
24. When you say "them", are you saying that a bunch of your co-workers got together to lay the hate on?
I mean, are they ganging up on you? If so, that could be harassment.

Or are you using the (ugh) singular "them"?
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SPKrazy Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-15-07 08:23 PM
Response to Reply #24
25. generic
"them"

as in a singular person non-gender identified :P

no, not a bunch of co-workers

:hi:
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Spacemom Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-15-07 03:15 PM
Response to Original message
5. Sometimes doing the right thing
isn't always the easy thing. I agree that what you did was right. Some people have very "loose" standards of what's right and wrong, and it sounds like your co-worker would rather take the easy way, than the right way.

:shrug:
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SPKrazy Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-15-07 03:17 PM
Response to Reply #5
9. yeah, i agree
when it comes to protecting patient's confidences and rights i feel i am anything but "loose".

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graywarrior Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-15-07 03:31 PM
Response to Original message
14. I was involved in a patient confidentiality issue a few years ago
I and a few others I worked with witnessed a board director sharing info about a patient/client. The social worker got wind of it and hit the roof. That was the beginning of the downfall of that agency. They are hanging on by threads now.

You did the right thing but it does suck when people get up in your face when you make a decision follow the rules.
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SPKrazy Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-15-07 04:58 PM
Response to Reply #14
19. yup!
thanks

I did the right thing

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Zookeeper Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-15-07 03:36 PM
Response to Original message
15. It sounds like you did the right thing, but it also sounds like it...
is creating some backlash. Weren't you just doing your job as a patient advocate?

Knowing the result, would you still take the same action? If, "yes," then there is nothing to regret. If, "no," then chalk it up to an error in judgment.

But, I'm sorry that you're feeling down about it. :hug:

:pals:

:hi:

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SPKrazy Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-15-07 04:58 PM
Response to Reply #15
18. Meh, I'm much better now
just needed to percolate the email i got

thanks

:hug:

I was just doing my job and I'd do it again despite the fact that I hate the way our system is set up for dealing with anything that happens

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skygazer Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-15-07 04:52 PM
Response to Original message
16. I'm sorry you're feeling badly Southpawkicker
I agree that you did the right thing. Perhaps a bit of wisdom I've picked up over the years will help - I've realized that I am not at my job to make friends. Often I do and that's wonderful - I've made many good friends through work.

But ultimately, I'm there to do a job and if that includes something like protecting patient confidentiality, it has to trump any personal feelings I have. And if one of my friends gets angry because I've done what I feel is the right thing, that is an unfortunate side effect of the real issue.

And here, have a hug. :hug:
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SPKrazy Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-15-07 04:57 PM
Response to Reply #16
17. absolutely skygazer
i agree...

i really was surprised at the reaction this person had.

:shrug:

:hug:
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Richard Steele Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-15-07 05:14 PM
Response to Original message
20. A Code of Ethics is a Code of Ethics, no?
If I was that patient, I'd be very glad that you followed
yours as you have a duty to do. :hug:
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SPKrazy Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-15-07 06:18 PM
Response to Reply #20
21. you are correct
and besides ethical considerations

there are legal, licensing, and professional association considerations to add to the mix.

good point and thanks!

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TOhioLiberal Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-15-07 08:39 PM
Response to Original message
26. You did the right thing...
...:hi:
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SPKrazy Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-15-07 08:39 PM
Response to Reply #26
27. I know I did...
thanks

Texas!

:hug:
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TOhioLiberal Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-15-07 08:41 PM
Response to Reply #27
29. ...
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SPKrazy Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-15-07 08:43 PM
Response to Reply #29
30. congrats
i missed that thread

:woohoo:

:toast:

here's to finding a cowboy or whatever to share lots of things with!

:hug:
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GenDem Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-15-07 08:55 PM
Response to Original message
31. It's so much easier to keep quiet....
but so much braver to speak up and do the right thing.

Kudos for doing the right thing.

:hug:
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Kali Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-15-07 09:18 PM
Response to Original message
32. Sounds like the friend is acting out of guilt or possibly fear because
they are part of the chain that led to the firing.
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wildhorses Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Sep-15-07 11:32 PM
Response to Original message
33. i dunno spk
tough call, this one. if it was not correct information...how then, could it have in fact, been information?

stuff like this is why i got out of the medical field. i have seen too many witch hunts conducted under the name of policies and procedures. people in the cliques get by with anything. they target someone (for whatever reason) and no one can pass the microscope test. mistakes happen, human fallablity being what it is.

start my new job monday...wo0t, i guess. educational field. here i come.

sorry...it was a tough call. you did what you thought was right for the patient. that is the main thing.

:hug:
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