A registered nurse and a tech were prepping the patient for a transesophageal echocardiogram in a cubicle in the post-anesthesia care unit. Numerous other patients were close by in other cubicles in the unit.  Patients privacy was protected only by cloth curtains that prevented others from looking into their individual cubicles. As the physician entered the cubicle to start the procedure with the patient the nurse reminded the physician and the tech to put on their gloves because the patient was infected with Hepatitis C.

    Afterward the patient filed a formal complaint with the hospital over the fact the nurses announcement of his Hepatitis C status was loud enough to be overheard by other patients and hospital staff.  After an investigation the hospital terminated the nurse for breaching the patients medical confidentiality which the hospital is mandated by the US Health Insurance Portability and Accountability Act (HIPAA) to protect.

    The nurse sued her former employer for wrongful termination and defamation. The defamation count of the lawsuit was based on the report of the incident, including the nurse’s name, to a city-wide consortium of healthcare quality assurance officials and the fact the nurse had to reveal the reason for her termination in future employment applications.