Law and Ethics in Health Care1 HIPAA Violation Lawsuit

Activity Joseph Subia

HIPPA Violation Lawsuit

In this case, a medical assistant, who had been working at a midsized hospital for over 2 years,
was working in the post-anesthesia care unit. The assistant was aiding a physician by prepping a patient
for a transesophageal echocardiogram. The medical assistant proceeded to inform the physician to wear
gloves because the patient had hepatitis c. The patient filed a complaint with the hospital, saying that
his confidential information was revealed because the medical assistant was loud enough to be heard by
other people in the area. The medical assistant was notified that they would be on administrative leave
while an investigation was being completed. After the investigation, the medical assistant was informed
of their termination from their job based on her violation of HIPAA for unnecessarily disclosing the
patient’s personal information. The medical assistant did proceed to appeal the case, because they only
proceeded to inform the doctor of the patient’s condition in concern for the doctor’s wellbeing. The
court disagreed, deciding that the disclosure was unnecessary, because a physician should not be
reminded to wear personal protective equipment such as gloves when dealing with infectious patients.

I completely agree with the court’s decision, it was completely unnecessary for the medical
assistant to remind a doctor about what to do. Especially when the doctor should be already aware of
the patient’s medical history from their medical records. The medical assistant trying to appeal the case
was an entirely unreasonable endeavor, simply because they believed their actions were justifiable they
were exempt from taking on any of the consequences. And if they wanted to make sure the doctor’s
wellbeing was okay, they could’ve told them in a more private location so as to not let the patient’s
personal information be accidently known to other people. Also, physicians are required by law to
where protective gear, such as gloves, whenever they are treating a patient of any kind.

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