Question

A 25-year-old G3P2, who had recently undergone a primary Cesarean section, had her HIV status revealed to her mother when a nurse left her chart open in the recovery room. She speaks to patient relations and is thinking about seeking damages through legal avenues. When trying to explain the concept of patient privacy, which of the following statements is correct?

a. Patient privacy is based on the ethical principle of justice
b. Patient privacy is protected by federal law, primarily with the Federal Emergency Medical Treatment and Labor Act (EMTALA) statute
c. Patient privacy is the responsibility of physicians; physicians may be fined and/or assessed criminal penalties for violating the privacy of a patient's protected health information
d. The patient cannot win a lawsuit in this case because the mother should not have looked at the open record
e. Patient privacy is based on the ethical principal of beneficence

Answer 1

Patient privacy is protected by federal law, primarily with the Health Insurance Portability and Accountability Act (HIPAA), which sets the standards for the protection of patient information. Violations of HIPAA can result in fines and criminal penalties. In the given scenario, the nurse revealing the patient's HIV status to her mother is a violation of patient privacy rights.

Step-by-step explanation:

Patient privacy is protected by federal law, primarily with the Health Insurance Portability and Accountability Act (HIPAA), which sets the standards for the protection of patient information.

HIPAA requires businesses that use health information, such as insurance companies and healthcare providers, to maintain strict confidentiality of patient records. The law prohibits the disclosure of a patient's Protected Health Information (PHI) without their consent, unless it is for treatment, payment, or operations purposes. Violations of HIPAA can result in fines and criminal penalties.

In the given scenario, the nurse leaving the patient's chart open and revealing her HIV status to her mother is a violation of patient privacy rights under HIPAA. The patient may have grounds to seek damages through legal avenues.