Nurse Insinuating I Have Munchausen's By Proxy

[maliciousintent]

I found out that a nurse in my childs doctor's office has been talking to her family members and who knows who else about my child's medical records. She has stated that she has personally looked at my child's file and there is nothing wrong with her to have been in the doctor's office two times in one week. She is not a doctor, and in no way is able to diagnose a patient! By the way, the doctor prescribed medications for her (how can this be nothing?) and had us make an appointment to return in a few days. But this isn't the worst. This nurse has also told family members that I am making up my child's ailments and that there is a name for people like me...it's munchousers by proxy. (I'm not sure of spelling, but it is the mental disease where the mother actually harms her child). This is clearly slanderous. I had met this nurse outside of the doctors office only once, and I didn't even remember her. She remembered us though. I have spoken with the doctor, who confirmed that she never stated anything of this nature and the office manager said that she will be written up and it placed in her permanent file and the doctors will all be sent a letter as to her conduct. I'm still furious! Rumors of this nature can have a child taken away from a person. I saw where I have 180 days to report this to some government agency, but I can't sue her? Is this true? Of course, this goes beyond a HIPPA violation, this is slander. Now, at least one of the nurse's family has threatened physical harm to my person since this happened. I don't know that I am satisfied that this nurse only receives a write-up. What are my options?

[las365]

You have left something out of the facts you provided. How is your family connected to this nurse's family? How and why did her family member threaten you because of this allegation?

Things you can/should do:

1. Make a police report of the threat of bodily harm to you.

2. Write a letter to the doctor memorializing what has happened, your dissatisfaction with the response from his office, and notification that you are finding a new doctor for your child.

3. Contact the US Dept of Health & Human Services and file a formal complaint regarding the HIPAA violation (http://www.hhs.gov/ocr/hipaa/)

4. Contact the licensing board in your state that licenses nurses and file a formal complaint against the nurse.

[jk]

and if you really want to try, contact an attorney about the slander but take notice, it is not easy to prove and with no injuries, it is difficult to make a claim as to injury. Yes, defamation of character can be the only injury involved but it is tempered with the fact there are no losses incurred due to the slander.

The one thing you need to remember is, opinion is not defamation. If this person believes you may have Münchhausen's saying that to her family is not defamation. A person can always have an opinion and has the right to express that opinion.

as to looking at the child's file: if she is involved with your child, of course she has a right to look at the file. As to speaking to her family as you state, it would appear she has not released any privileged information. You would need to prove that protected info was released for any complaint to be upheld.

I would stick with las's suggestions. They are the proper manner to complain and do not get into a court situation that is both expensive and difficult for you to prove.

[gigirle]

One quick note. When you inform the physician in writing (as per las's suggestions) make sure that you also state that this is a HIPPA violation and that you ARE reporting it. Make sure that you tell the physician that she has threatened you since you came forward. They will take notice when you mention it I promise.
Find another physician who actually believes confidentiality is an important part of patient care.
Good Luck

[maliciousintent]

My child has been with this doctor since about 3 years old and I did speak with the doctor in regards to this nurse. The thing is, I don't even know the nurses name. She is the niece of my sister's lover...that's how I found out. But not by that sister, but by another one. I have not yet reported it to HIPPA, but have since found out that my child is not the only patient she has talked about to family members. I just don't think what she has done is right. I am following the steps but will probably not file any case against her. Thank you for your help. It will help me decide what I should do about this. I did also report the threat from her family. Thanks.

[lealea1005]

My child has been with this doctor since about 3 years old and I did speak with the doctor in regards to this nurse. The thing is, I don't even know the nurses name. She is the niece of my sister's lover...that's how I found out. But not by that sister, but by another one. I have not yet reported it to HIPPA, but have since found out that my child is not the only patient she has talked about to family members. I just don't think what she has done is right. I am following the steps but will probably not file any case against her. Thank you for your help. It will help me decide what I should do about this. I did also report the threat from her family. Thanks.

If what you say is true, then why on earth would you not go ahead and file a complaint against the nurse? If what you say is true, then this nurse, at the very least, needs re-training with regard to PHI and HIPAA.

[maliciousintent]

I did report the nurse to both the doctor and the office manager. I was not very satisfied with the nurse only receiving a written notice and it being put in her permanent file. Plus, this nurse hasn't been there more than a couple months. That's why I was finding out what my options are. Thanks.

[cbg]

First of all, it's HIPAA, not HIPPA.

Second, HIPAA is a law, not an agency. You do not report someone to HIPAA, you report a HIPAA violation.

Third, it is not your decision what discipline she receives.