Question

During lunch break, an emergency department (ED) nurse truthfully tells another nurse about the condition of a patient who came to the ED last night. What is the ED nurse guilty of?

1) HIPPA violation
2) Slander
3) Libel
4) Invasion of privacy
5) Defamation

Answer 1

The ED nurse is most likely guilty of a HIPAA violation for sharing patient information without the necessary consent.

Step-by-step explanation:

If an emergency department (ED) nurse shares information about the condition of a patient with someone who does not have a need to know that information, they are likely committing a HIPAA violation.

HIPAA, the Health Insurance Portability and Accountability Act of 1996, requires healthcare providers to maintain the confidentiality of patient records. Discussing a patient’s condition without their consent, even if the information is accurate and shared without malintent, is a breach of these legal standards for patient privacy.

Other options such as slander, libel, invasion of privacy, and defamation involve spreading false information or causing harm or reputational damage. Since the nurse told the truth, slander and libel are not applicable because they require falsehood.

Invasion of privacy could apply when sharing any personal information without consent; however, in the context of healthcare, the specific legal issue relates to HIPAA regulations.

Defamation includes both slander and libel and again involves false statements, so it would not apply to the nurse speaking truthfully about a patient in this context.