nurses often ask the board about what it means to abandon their patients
In previous blogs I explored how an employer can be sued due to a nurse's negligence or misconduct nether the doctrine of respondeat superior, which holds the employer liable for an employee'southward or agent's wrongdoing committed within the scope of employment.
In the post-obit case, a New York courtroom showed why this doctrine is not always applicable.
In 2010, "John Doe" was being treated for a sexually transmitted affliction at a private medical facility in New York. A nurse at the facility recognized Doe every bit the boyfriend of her sister-in-law. The nurse, not assigned to Doe's care, checked Doe's chart and learned of his diagnosis and treatment.
While Doe was waiting for his handling, the nurse texted her sis-in-law and told her Doe was beingness treated for the STD. The mode in which she texted this information led the sister-in-law to believe the staff was making fun of his diagnosis and treatment. The sister-in-law immediately forwarded the letters to Doe.
V days after his treatment, Doe met with the administrator of the facility and the nurse was fired. A letter of the alphabet was sent to Doe from the president and CEO of the facility informing Doe that an unauthorized disclosure of his confidential health information did occur, advisable disciplinary action had been taken and steps put into place to forestall such a breach from happening in the futurity.
Doe then filed a lawsuit in federal court against the facility and other facilities that were associated through staffing and ownership, alleging several causes of action. They included breach of fiduciary duty to maintain the confidentiality of personal wellness information, breach of contract, negligent hiring and training of employees, and breach of duty to maintain patient confidentiality, according to records.
Numerous legal proceedings prior to this one resulted in a dismissal of all of Doe's allegations except his claim of alienation of fiduciary duty. This court was asked to certify if the alienation of fiduciary duty claim could become forward.
The court reviewed the lower courtroom rulings leading up to this 1. It supported the Second Circuit Court's ruling that the deportment of the nurse were not foreseeable to the facility, nor was her behavior within the scope of her employment. Rather, equally Doe'southward complaint stated, her acquit was "motivated past purely personal reasons and 'those reasons had null to practice with [Doe's] treatment and care.'"
Therefore, the lower court held that respondeat superior cannot exist applied in this instance. But that courtroom was unsure if a distinct crusade of action against the facility for a breach of its duty to maintain patient confidentiality can survive when respondeat superior liability is absent. This question was what this court had to make up one's mind.
The court opined that a medical facility's duty of safekeeping a patient's confidential medical data is "limited to those risks that are reasonably foreseeable and to deportment inside the scope of employment."
Because the nurse's misconduct did not meet these requirements, the facility cannot be held liable in this case or whatsoever other instance in which respondeat superior is absent.
Still, the court did indicate out that an employer could be held liable if testify exists that the facility was negligent in hiring or supervising its employees or if it failed to found acceptable policies and procedures to safeguard confidential patient data. The lower court decisions in this case dismissed these allegations and this courtroom did non further address them.
Nurses must protect patient confidentiality
As you know all too well, the protection of patient confidentiality is an essential duty of all healthcare providers, including nurses.
What this case underscores almost patient confidentiality is that there can exist liability for a facility for its own duties to protect a patient'due south medical data.
But if an employee who is obligated to protect patient medical information acted in a manner as this nurse did, the but potential liability is with the employee and not the employer.
Apparently Doe did not proper noun the nurse in his lawsuit merely elected to sue only the facilities that either owned or provided staff and other support to the facility. Perhaps Doe idea this was how he could obtain the largest amount of a monetary award. If then, the decision was unwise at best. Doe cannot at present file the same adjust against the nurse under the doctrine of res judicata, which bars the same parties from litigating a 2d lawsuit on the same claim or any other claim arising from the transaction or serial of transactions that could have been — but were not — raised in the first conform (Blackness'southward Law Dictionary, 1336).
Clearly, the nurse should have been an essential accused in this case. Her unprofessional beliefs could accept, I believe, resulted in a judgment against her. Moreover, a complaint to the land board of nursing would more likely than not upshot in a discipline.
A alienation of confidentiality can take many forms, including the one in this case. You can read more about patient confidentiality violations in Beltran-Aroca and others' 2016 article, "Confidentiality Breaches in Clinical Practice: What Happens In Hospitals?" .
Although this was a New York case, it provides guidance in your duty to maintain patient confidentiality. Keep the following guidelines in heed at all times
ane — Never breach a patient's confidential medical information.
two — If you are unsure most sharing a patient's information, seek guidance from your nurse managing director.
3 — Know and follow your facility's policies and procedures governing patient confidentiality without fail.
four — Never seek information about a patient for whom y'all are non providing care.
v — Know what your state nurse practice act requires of you in regard to maintaining patient confidentiality.
Editor's note: Nancy Brent'southward posts are designed for educational purposes simply and are not to exist taken as specific legal or other advice. Individuals who need advice on a specific incident or work situation should contact a nurse chaser or attorney in their state. Visit The American Association of Nurse Attorneys website to search its chaser referral database by state.
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Our legal information columnist Nancy J. Brent, MS, JD, RN, received her Juris Doctor from Loyola University Chicago Schoolhouse of Police force and concentrates her solo police practise in health law and legal representation, consultation and education for healthcare professionals, school of nursing faculty and healthcare commitment facilities. Brent has conducted many seminars on legal bug in nursing and healthcare delivery across the country and has published extensively in the area of law and nursing practise. She brings more than 30 years of experience to her role of legal information columnist. Her posts are designed for educational purposes but and are non to exist taken every bit specific legal or other advice. Individuals who need advice on a specific incident or work situation should contact a nurse attorney or attorney in their land. Visit The American Association of Nurse Attorneys website to search its attorney referral database by state.
Source: https://www.nurse.com/blog/2018/02/05/what-happens-when-a-nurse-breaches-patient-confidentiality/
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