Legal Question in Civil Litigation in Florida

I was terminated from a non-profit hospital for posting a comment about a family I took care of on a maternal/newborn floor. A "friend" of mine saw the comment and brought it to my employer's attention who then notified HR. They fired me on grounds of violating HIPAA policy but the family initiated the friendship and knew about my comment and even posted that they "liked" the comment. Even though my setting on facebook was private and the hospital did not gain access to it but a friend of mine, is that legal?


Asked on 12/20/10, 9:01 am

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

Your employment is subject to termination for violation of HIPAA and you are lucky if you were only fired and not also fined as well. Your question makes a good point for folks who work in health related fields. Smart employees do NOT take information past the door to the parking lot, and hospitals need to have a zero tolerance for employees who don't strictly adhere to HIPAA guidelines.

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Answered on 12/26/10, 5:28 am


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