A scrub nurse who took photos of a patient’s genitalia and shared the photos with coworkers has been sacked, although the sick person, who is also a worker at the same hospice, has filed a complaint requesting harms for the damage caused by the event.
The employee-patient was going through incisional hernia operation at Washington Hospital. She claims in a grievance recorded in a Washington District Law court, that although she was not conscious, a scrub nurse took photos of her genitalia on a cell phone and distributed the photographs to co-workers.
Shooting sick persons without their approval is a breach of HIPAA Laws and can invite a substantial financial fine. Previous Year, New York Hospice resolved a HIPAA breach case with the Division of Health and Human Services’ OCR and paid a financial fine of $2.2 million. In that incident, a television staff had been allowed to shoot in the hospice, however, approval from the sick persons in the film had not been gotten.
In the Washington Hospice HIPAA breach, the patient, named in the court case only as Jane Doe, asserts she became conscious that photographs had been distributed the day after her surgery. She also asserts the scrub nurse displayed her the photos that had been taken. Shocked at the breach of her secrecy, she informed the case to her managers. The scrub nurse was consequently sacked for the HIPAA breach.
Nevertheless, in the complaint, Jane Doe asserts that was not the conclusion of the subject. She stated, taking action versus the scrub nurse led to her “being considered like the evildoer, not the target.” As a consequence of the objection, she was “compelled to suffer humiliation, harassment and backlash,” and “great opposition” at work. That annoyance has allegedly carried on outside the hospice.
Jane Doe was offered 2 weeks of paid leave as a curing interval and came back to her organization in the same status. Nevertheless, she suffered anxiety, migraines, and insomnia as a consequence of the case. She applied for additional paid leave of three months, as suggested by her doctor, however, the application was refused. She then took unpaid leave according to the Family Medical Leave Law and was sacked in October.
The litigation names the hospice, a physician who was in the operation room, however, did not prevent the scrub nurse from taking pictures and didn’t report the case, and numerous other employees at the hospice. Jane Doe pursues in excess of $75,000 in harms for the “acute emotional, physical and psychological stress” produced. The patient’s spouse is also a petitioner and is indicting for loss of consortium.