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View Full Version : Nurses fired, jailed, and waiting for fine or prison time.



Mogollon
07-18-2009, 10:03 AM
http://www.medicalnewstoday.com/articles/157884.php

Ten years for "whistle blowing" on a potentially deadly doctor, WTFO!

Peacheywoo
07-18-2009, 10:23 AM
Old boys club at work......nurses are patient advocates unless it calls doctors into question and then they are the ones treated like crap........does not bode well for patients!

Mogollon
07-18-2009, 10:33 AM
This case is a bit more profound. The outcome could set a dangerous precedent that would effect providers who essentially "whistle blow" against potentially incompetent doctors.

Peacheywoo
07-18-2009, 10:47 AM
This case is a bit more profound. The outcome could set a dangerous precedent that would effect providers who essentially "whistle blow" against potentially incompetent doctors.

We've had something similar over here.....the nurse hasn't had criminal charges (yet) but she has been struck off the register - her methods may have been a bit extreme but she followed the Trust protocol and got nowhere...

Both demonstrate that the whole 'whistle blowing' thing isn't the process its meant to be.....a way to highlight care deficits and poor practice in a safe and confidential process.

I know most of my trained nurse colleagues have said they wouldn't even consider raising issues of concern now - thats the worrying bit and works against the grain of most nurses who from day one are told they are there to protect, care and advocate for the patient.

I know from personal experience that even when medical incompetence is noted the medical establishment does its best to protect its own and will usually put a nurse in the firing line...

screaming pizza
07-18-2009, 01:34 PM
I agree that the RNs are being hung out to dry by the establishment, probably the complained-of MD. It was decided, I'm sure, that one way or another those two were going to get canned. Everyone knows the "real" reason, but they were snagged for legitimate cause. I can see the point of view that using the pt's medical record numbers violates HIPPA and is worthy of disciplinary actions, though. Good luck to them.

scribble
07-18-2009, 07:44 PM
I agree that the RNs are being hung out to dry by the establishment, probably the complained-of MD. It was decided, I'm sure, that one way or another those two were going to get canned. Everyone knows the "real" reason, but they were snagged for legitimate cause. I can see the point of view that using the pt's medical record numbers violates HIPPA and is worthy of disciplinary actions, though. Good luck to them.

Isn't that why we have MRNs, though? So that a patient is not identified by name or other data that would make them recognizable? And I agree with the statement that reporting a medical issue to the medical board is not a HIPPA violation....kinda like letting an EMT see a patient's chart is not a HIPPA violation.

screaming pizza
07-18-2009, 09:34 PM
Isn't that why we have MRNs, though? So that a patient is not identified by name or other data that would make them recognizable? And I agree with the statement that reporting a medical issue to the medical board is not a HIPPA violation....kinda like letting an EMT see a patient's chart is not a HIPPA violation.

I don't know how it all works, learning the idiocycrancies of HIPPA ranked right up there with a rusty spoon colonoscopy (so I hear) without anesthesia. Maybe the MRN is considered a violation because it is a unique identifier.

scribble
07-18-2009, 09:48 PM
I don't know how it all works, learning the idiocycrancies of HIPPA ranked right up there with a rusty spoon colonoscopy (so I hear) without anesthesia. Maybe the MRN is considered a violation because it is a unique identifier.

Yeah, but it's not like it was made public or even linked to an actual medical record, just a "If you don't believe us, look up this chart".

screaming pizza
07-18-2009, 09:50 PM
Yeah, but it's not like it was made public or even linked to an actual medical record, just a "If you don't believe us, look up this chart".

But wouldn't the chart then provide the protected info?

scribble
07-18-2009, 09:56 PM
But wouldn't the chart then provide the protected info?

Yes, but they'd probably have to get a subpoena, warrant, or some kind of authorization to actually look at them, no?

StreetDoc67
07-18-2009, 10:28 PM
but they were snagged for legitimate cause. I can see the point of view that using the pt's medical record numbers violates HIPPA and is worthy of disciplinary actions, though. Good luck to them.

Actually, according to the article the Texas Medical Board says it's not a HIPPA violation.

The Texas Medical Board has written a letter to the Winkler County and District Attorneys stating that it is improper to criminally prosecute people for raising complaints with the Texas Medical Board; that the complaints were confidential and not subject to subpoena; and that under federal law the Texas Medical Board is exempt from Health Insurance Portability and Accountability Act (HIPAA) requirements, so there was no violation of any HIPAA laws

If I were these nurses, after this gets thrown out of court I would be lining up a sizable lawsuit against Winkler County.

fishy
07-18-2009, 10:56 PM
But wouldn't the chart then provide the protected info?

Yes but the question is: to whom? They weren't making this information accessable to the public, they were making it known to the medical board, which, in my understanding, isn't a HIPAA violation.

AMRemt
07-19-2009, 07:10 AM
...kinda like letting an EMT see a patient's chart is not a HIPPA violation.


You apparently have not been to many places around here, 50% of the facilities (Nursing homes and Hospitals) claim that letting us see anything other than a Demographics sheet is a HIPPA violation. (at which point I tell them to call back when they are ready to PROPERLY transfer care, unless it is an emergency obviously)

scribble
07-19-2009, 10:48 AM
You apparently have not been to many places around here, 50% of the facilities (Nursing homes and Hospitals) claim that letting us see anything other than a Demographics sheet is a HIPPA violation. (at which point I tell them to call back when they are ready to PROPERLY transfer care, unless it is an emergency obviously)

No, I know that one too well...it was kinda a joke or something...