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A nurse discovers that a neighbor is a client on the unit in which the nurse works although the nurse is not assigned to care for that client. The nurse accesses the electronic medical record (EMR) to find out what the client's diagnosis is. What action may clients take if they are aware of this type of incident?

A. Report the incident as a HIPPA violation
B. Sue the nurse for libel
C. Sue the nurse for negligence
D. Report the nurse for defamation.

1 Answer

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Final answer:

Clients can report the incident as a HIPAA violation if they are aware that a nurse has improperly accessed their electronic medical records without a legitimate need. Legal action is in place under HIPAA standards, and the clients' response would be to report the violation, rather than pursue libel, negligence, or defamation suits which are unrelated to privacy violations of health records.

Step-by-step explanation:

If a nurse accesses a client's electronic medical record (EMR) without a legitimate need to know that information, it is a violation of the Health Insurance Portability and Accountability Act (HIPAA). If clients are aware of such an incident, they have the right to report the incident as a HIPAA violation. HIPAA imposes requirements for the privacy and security of protected health information and sets the stage for legal action if violations occur. Clients cannot sue the nurse for libel, negligence, nor defamation in such a case as they relate to different legal matters not pertinent to unauthorized accessing of medical records. Libel would involve a false written statement about someone that damages their reputation. Negligence would involve a failure to take proper care in doing something, which leads to damage or harm. Defamation would involve the communication of a false statement that harms the reputation of an individual.

HIPAA has set a national standard for the maintenance of privacy concerning health records. Violating a patient's privacy by improperly accessing their health records without a need to know such information is a serious offense, and action can be taken against the healthcare worker who performs such an act.

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