Arbitration Dismissal with Prejudice – Florida Whistleblower Act

West Palm Beach Partner, Nicole Wall obtained dismissal with prejudice of an arbitration filed by a faculty member of a private university for alleged violation of the Florida Whistleblower Act. The case involved a nursing student who had taken and shown others pictures on her personal cell phone of a deceased patient in the operating room during an organ procurement procedure she observed as part of her clinical education. The plaintiff, who believed the conduct was in violation of HIPAA, complained about it to campus administration, and was (allegedly) constructively discharged shortly thereafter. Nicole successfully argued that the plaintiff did not engage in the requisite statutorily protected activity necessary to support her whistleblower claim because (1) HIPAA did not apply to the photos, as they were devoid of any individually identifiable health information, and even if the Act had applied, it specifically permits disclosure of a decedent’s health information to organ procurement organizations, and (2) the alleged HIPAA violation was committed by a student, as opposed to the university.

Nicole Wall
(561) 383-9236

Our team is available to discuss the topics written here and ready to provide additional information contained in this article. Contact us for more information.

Jump to Page

Necessary Cookies

Necessary cookies enable core functionality such as security, network management, and accessibility. You may disable these by changing your browser settings, but this may affect how the website functions.

Analytical Cookies

Analytical cookies help us improve our website by collecting and reporting information on its usage. We access and process information from these cookies at an aggregate level.