Family Video Taping

  1. I have a question that I have yet to find an answer to. We have a family whose daughter (pediatric, dev. delayed) suffered an IV infiltration. The family is planning to sue the facility and wants to video the nurses providing care. The facility forbid it, stating it was an invasion of privacy. However, after searching the forums, I found several threads of nurses working in facilities that allow hidden cameras (not just cameras monitoring the hallways or nurses stations for security reasons which is common at all facilities) but allowing families to tape staff inside the patient's room. Is this common for nursing homes? It seems that as a nurse I have the right to refuse to be taped -- although I know it is common "ambush" journalism technique.
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  2. 12 Comments

  3. by   meownsmile
    I would think the familiy would have to have written premission from the nurses individually to tape any part of their care to a patient. I guess if they taped only the patient and didnt show any part of the nurse herself it could be admissable in court. But i dont know that doing it without written consent could be entered as any type of evidence in court.

    I would have a problem going in in the first place. Since a family that brings a video camera to a facility to tape a patients care is looking for a lawsuit in the first place. I would suspect its not the patients care they are concerning themselves with as much as getting someone into court and making a few bucks.
  4. by   Daytonite
    Well, first off these people sound like a bunch of wackos. They need to consult a lawyer and get an attitude adjustment immediately. An infiltrated IV in a list of other things that can go wrong isn't all that high on the list of goof-ups that can occur. Someone outside the healthcare system needs to inform them of this. Did this patient's limb shrivel up and fall off? I'm not condoning that this happened to the patient. I was an IV therapist and I know this is not a pleasant situation to have happen and may very well have been preventable. However, I would think that any family who video taped the staff with a hidden camera would have some serious explaining to do to any lawyer or judge if the tape even got that far in the justice system. Of course, if they did find evidence of wrong-doing on a tape, a less than honorable person(s) could use something like that to bully the other parties into submitting to their demands for restitution of some sort. In which case, it would be time to send Guido out to do some customer service with these nincompoops. (Just my attempt at humor here.) Over the years I've seen families get all revved up and threaten all kinds of goofy stuff. It usually never goes anywhere as calmer, cooler heads intervene. I think we also have to realize that dysfunctional behavior (and statements) are one way that people deal with their frustration and powlessness in situations.
  5. by   emmycRN
    I had an experience with a family who wanted to record their loved one who was on the vent. I told them repeatedly that this violated hippa since the patient could not give permission but each time I left the room they would start taping again. I finally just had to ask them to leave.

    Can your patient give permission to have themselves and thier care recorded. If not, I would definately call this a hippa issue and tell the family NO WAY!
  6. by   emsboss
    I was startting an IV in the ED and the patients husband was "playing" with a cell 'phone...I realized it was a camera 'phone and asked him to stop...he didn't...I did. He asked why I stopped, I explained I was not comfortable being "a film star" and he stopped. Was not comfortable in the room after that.
  7. by   miko014
    I've had pts who want to take pics before, but never run into a video taping situation. I would just say that I can't take care of the pt safely if I'm worrying about a video camera, and it needs to be taken out of the room if they want the pt to recieve care. I agree with an above poster who said they sound like they are looking for someone to sue...they just don't know who and don't have a reason yet. Scary.

    I say, take a video camera to their job and tape them for awhile. And as for camera phones, I HATE THEM! I hate cell phones anyway, but it's such an invasion of privacy for anybody to be able to take pics of you, and now with those phones, they can do it without you even knowing. Grrrrrr...
  8. by   TazziRN
    Actually HIPAA might not apply in this case, if the pt is delayed enough (or a minor) to be unable to refuse video taping.

    I do think it's wrong, though. IV infiltration happens. It's got nothing to do with the level of care that's given, it happens. The only time videotaping should even be considered is if there is suspected abuse, and then only with the consent of admin. I'd be refusing to care for the pt if the family threatened me with a camera.
  9. by   ktwlpn
    Quote from mydesygn
    I have a question that I have yet to find an answer to. We have a family whose daughter (pediatric, dev. delayed) suffered an IV infiltration. The family is planning to sue the facility and wants to video the nurses providing care. The facility forbid it, stating it was an invasion of privacy. However, after searching the forums, I found several threads of nurses working in facilities that allow hidden cameras (not just cameras monitoring the hallways or nurses stations for security reasons which is common at all facilities) but allowing families to tape staff inside the patient's room. Is this common for nursing homes? It seems that as a nurse I have the right to refuse to be taped -- although I know it is common "ambush" journalism technique.
    I wonder how much an IV infiltration is worth? Isn't infiltration a known risk of IV therapy and didn't the parents give their permission for the therapy? I wouldn't get too upset at this point.People are always flapping their gums about " I'll sue the pants off you" every chance they get-until they find out that usually they don't have a case.And the big names with the deep pockets are at the top of the list-us lowly nursing staff aren't worth much..Taping of staff by families is alot different from employers taping their staff. (I don't like that either but I live in a right to work state-I have the right to work or not) Your employer is protecting you at this point-as well they should.I don't understand your post-do you think the family should be allowed to tape their dtr's care? Do you feel your facility was negligent? Did someone not follow the protocol and check that IV site? Shouldn't this kid have some type of port if she is going to need long term IV therapy? The family clearly has some issues and needs some major help-good luck...
  10. by   sjt9721
    I think I looked at this from a different angle...

    The IV infiltration already happened. Video-taping the nurse(s) after-the-fact won't prove that the IV was done correctly or incorrectly. Maybe they think showing a pattern of care behaviors would prove blame? Or maybe they want to begin filming now just in case something else happens.

    EITHER WAY...IT'S FISHY TO ME! :trout:
  11. by   Antikigirl
    Inflitration!?!?! Okay better videotape the real culprit..the vein! Holly cow dookie!

    Sounds like these folks have large issues, and need some counseling big time about taking a reality pill! ALSO, I have found that some of these folks that are extremely nit picky can also...sadly...be canidates for Muchhausen by Proxy and wanting to get more attention and pass blame! I am very leary of folks like that!

    If someone wanted to tape me in the room I would decline! Heck...you should have seen me in RN school when I had a teacher or nurse hovering over me...I lost my mind and immediately started doing things wrong out of the stress (I would start doing it wrong...catch myself..and correct, but still...waste of time and energy).

    You don't have to trust me just because I am a nurse, and if you think I am going to do something to hurt someone and feel the need to videotape me...then count me out, and GET yourself a PRIVATE NURSE you have researched and trust!!!!!

    Sheesh..whats next...had a BM at the wrong time of day so we better tape her pooping to make sure????? Lordie B!
  12. by   kukukajoo
    Jeez glad I found out I could sue, lol! When I was in hospital in Sept. I had about 10 infltrations in 4 days before they installed a picc line. Pretty much each time they infused- was on a strong antibiotic/antifungal. Very par for the course and I honestly felt bad for the poor nurses who then had to re-do and document, etc.

    I would not feel comfortable with this pt and would certainly overdocument EVERYTHING. INCLUDING THE FAMILY STATEMENTS.

    Good luck and I hope pt recovers very quickly!
  13. by   sjt9721
    I'd have to insist on having my hair & makeup done before being on camera...

    If I'm gonna get blamed for something, I'm gonna make sure I look good!
  14. by   mydesygn
    Quote from ktwlpn
    I wonder how much an IV infiltration is worth? Isn't infiltration a known risk of IV therapy and didn't the parents give their permission for the therapy? I wouldn't get too upset at this point.People are always flapping their gums about " I'll sue the pants off you" every chance they get-until they find out that usually they don't have a case.And the big names with the deep pockets are at the top of the list-us lowly nursing staff aren't worth much..Taping of staff by families is alot different from employers taping their staff. (I don't like that either but I live in a right to work state-I have the right to work or not) Your employer is protecting you at this point-as well they should.I don't understand your post-do you think the family should be allowed to tape their dtr's care? Do you feel your facility was negligent? Did someone not follow the protocol and check that IV site? Shouldn't this kid have some type of port if she is going to need long term IV therapy? The family clearly has some issues and needs some major help-good luck...

    Such interesting replies ....and funny. Thanks. I think the videotaping was to find something else since the infiltration already happened. The unfortunate thing is infiltrations can look really bad when they first happen and generally the swelling and redness go down and most families don't react this way. But with neuro delayed children who already have poor perfusion and muscle tone from being bedridden all their lives, the infiltrations can turn into a burn - this was the case. For me, I wonder if their is any known legal precedent that can be used to prevent someone from videotaping you while you work. This family was open and admitted that they were placing a camera in the room so it was easy to get risk management involved and have them refuse the videotaping on behalf of the hospital particularly since the family openly admitted that they were planning to sue but I had not thought about the camera phones and small hidden cameras that are so easy and affordable now.

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