I work in a nursing home as a nurse. I was suspended from work today, because my daughter took a picture of my uncles foot, which is black and infected with necrotic tissue present, who lives in the nursing home that I work, I sent the picture to my cousin who is the sponsor to show her how bad the foot was via text. I was at home when I sent the picture and my uncle gave my daughter permission to take the picture of his foot. I was told I was suspended until further notice pending investigation. They claimed I violated my uncles privacy rights under hippa. My daughter took the photo with permission.
In Alabama an employee can be fired at any time and for any reason, or for no reason at all, as long as the reason for the firing is not illegal. Since you were only sus[ended hopefully you will be reinstated but unless you are under contract or can show discrimination yu may have trouble recovering money or your job. Confirm with local employment counsel.
This is a bunch of bull from the nursing home. They are afraid they will end up with a lawsuit for negligent care of your uncle and that the photo will help document the poor care.
If you are a member of a union, contact your shop steward for assistance. If you are not receiving pay during your suspension, I suggest you apply for unemployment insurance immediately.
You may also want to file a whistleblower complaint with the state agency which regulates the nursing home and have them investigate the care your uncle is receiving. You should be able to make the complaint anonymously. Check with the agency before disclosing your name.
If your uncle believes he is receiving substandard care, you should contact a local personal injury attorney. Your uncle has the right to photograph any part of his body he wishes. This is not a HIPAA violation.
Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
An attorney would need to know more about the facts and circumstances and review the relevant documents in order to properly advise you. Based on the information provided. I recommend you consult with an attorney regarding the matter. I wish you the best.
If this information has been helpful, please indicate below.
The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. I strongly advise you to confer with an attorney to ensure proper advice is received and your rights are protected.
No representation is made that the quality of legal services to be performed is greater than the quality of legal services to be performed by other lawyers.
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