Case details
Nurse violated patients’ privacy by viewing records: defense
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On May 12, 2015, plaintiff Ani Sanikian, a registered nurse in her 40s, was terminated from her position at the Kaiser Permanente Pain and Spine Center, in Clovis, after there was an investigation of issues involving patient confidentiality. However, Sanikian alleged she was terminated in retaliation for her advocacy of patient safety issues. Sanikian sued her employer, The Permanente Medical Group, which owned and operated the Pain and Spine Center. Sanikian alleged that the defendant’s actions constituted retaliation and wrongful termination. Sanikian claimed that she had the right to look at the medical files, without prior authorization, of three of her patients, who were Kaiser employees receiving care at the Pain and Spine Center, in order to ensure that the three patients received proper medical care due to the clinic administering addictive opioid medication. However, she claimed her supervisors then “ambushed” her with the allegations that she violated the Health Insurance Portability and Accountability Act of 1996 (HIPAA) by viewing the records of the three patients. Plaintiff’s counsel argued that The Permanente Medical Group wanted to silence Sanikian by utilizing vague hospital policies and confidentiality laws against Sanikian. Counsel also contended that Sanikian’s supervisors knew that they wanted to fire Sanikian before the investigation had been completed, and well in advance of Sanikian’s termination notice. Defense counsel argued that Sanikian was terminated for violating hospital policy by viewing medical records without authorization and with no “business need” to view them. Counsel contended that The Permanente Medical Group did a thorough, independent investigation before firing Sanikian and that a patient’s right to confidentiality was more important than Sanikian’s curiosity. Defense counsel further argued that Sanikian rejected constructive criticism from co-workers and tried to go past hospital rules behind the veil of patient advocacy., Sanikian began her medical career as a licensed vocational nurse at 19 years old, and began working for Kaiser in 2003. She ultimately worked at Kaiser Permanente Pain and Spine Center for 12 years before she was fired. Sanikian claimed that as a result of her termination, she suffered emotional distress. When Sanikian was fired, she was making about $75 an hour, or about $95,000 a year, plus health and vacation benefits, as well as a retirement fund. She now works for Urology Associates of Central California, in Fresno, making about $39 an hour, or $64,000 a year, without benefits or a retirement fund. Thus, Sanikian sought recovery of damages for her emotional distress, as well as recovery for her past and future lost wages.
COURT
Superior Court of Fresno County, Fresno, CA
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