Question

Case

A healthcare worker posted the following comment on her social media page:

“Can this shift be any longer? It started out with a waiting room full of whining women that don’t seem to know what an ‘emergency’ actually means. Then I had to deal with the drama of transferring a 400 lb. old fat guy to the operating room—and those O.R. nurses are such divas, they were no help at all. If he does survive the surgery, maybe we can celebrate with a burger and fries—super-sized of course! If any of you are around Memorial Hospital and want to bring me a drink, I might need it to make it through the rest of my shift!”

Questions

• Did this worker break any laws with her post? If so, what?
• Is it safe to say whatever we want about patients or co-workers as long as we don’t call them by name? Why or why not?
• If this worker’s boyfriend’s ex-wife was one of the 'whining women' waiting to be seen in the E.R. (but not directly under her care), would it be okay if she accessed her record just to see what she came in for? If not, what could the potential consequences of doing so be?

Answer 1

Answer 1) Yes, the worker broke the law by violating HIPPA.

Answer 2) No, it is not safe to say whatever we want about patients or co-workers even if we keep it anonymous because this information can be used to identify the person and violate there right to privacy.

Answer 3) No, it is not okay to assess the chart just to now about their personal life. She was not clearly under her care and after seeing that chart she posted that information on social media where she mentioned that some people clearly don't know the meaning of emergency. In this condition, it can be implied that the chart was seen just to make comments about that person and not to provide any care. There will potential legal consequences of doing so. The health worker may lose her job as well.