Will I get in trouble ? ? ? - page 3

by Congababe13 16,848 Views | 97 Comments

Hello, I am a 2nd yr nursing student, I graduate in May. I had an OR observation yesterday and was able to watch an endo lap chole. I may add that I was very excited as my goal is to become an OR nurse. When the gallbladder... Read More


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    OP, you should review your student handbook to clarify the rules and expectations of your program. HIPAA violation or not, there may be enough grounds from the school's policy to kick you out. You'l have to look more into it but I would make sure that I knew the school policy before I try to defend myself.

    I would just apologize, admit 100% fault, and ask that your whole performance in school be considered when deciding your spot in the program. I know you have other things going on but I really can't see any of them providing enough support to defend the action of taking a picture of someone else's surgery when the picture did not have anything to do with the patient's care or serve as a learning tool in school. It was a bad call. Just own it and hope for the best.
    carakristin1 and Congababe13 like this.
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    As others have states I admire your enthusiasm, and share your interest in all things medical- especially OR. But I think the major question you need to ask yourself in this situation, and any clinical/work/patient interaction is "how is my action benefiting the nurse-client relationship?". If the reason for your action is personally motivated, or only you stand to gain and not the client, you may want to reconsider.

    If you google "nursing student placenta", you can find the story of a girl who paid a hefty price for her over zealous, and earnestly and innocently motivated, interest in her clinical placement.

    Don't ever lose your passion and interest in your career choice, it is admirable. But always think of the patient first, and your responsibility as an individual entrusted to care for them.

    I hope everything works out for you!
    Congababe13 likes this.
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    I work in home care and we often photograph wounds at our agency. Per HIPPA, and agency policy, the pt must sign consent any time a pic is taken. Additionally, there can be no way to identify the pt in the photo....no face showing basically. For what you did to be legal IMO, the pt would have had to sign a consent with your *school*....not the hospital. You are not a hospital employee in your student capacity, and though they may have signed consents, it was not ment for you or your school, just the hospital. From that standpoint, I think it *is* a HIPPA violation, and pretty darn stupid because I suspect that like most nurses and students, HIPPA has probably been beaten into your head from day one. When in doubt, don't do it!
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    I had to find the nursing student placenta story. Turns out her school did in fact throw her out but she sued and won:

    http://blog.internetcases.com/2011/0...s-on-facebook/

    In any case, be prepared for the worst although I do not agree that taking a picture of an organ is a HIPAA violation. Not the best thought process, but not a violation.

    Good luck tomorrow.

    Sent from my iPhone using allnurses.com
    Congababe13 likes this.
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    Quote from edmia
    I had to find the nursing student placenta story. Turns out her school did in fact throw her out but she sued and won
    Yes, luckily for her the judge ruled in her favor as it was apparent that she did not mean any harm and had the most innocent of motives. However, there is no denying the struggle she went through over this seemingly innocent action, and the setbacks she experienced because of it.

    I hope everything works out for OP, and if so this can turn into a valuable lesson and positive learning experience to shape his/her future career as an RN
    Congababe13 likes this.
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    I don't think you'll be kicked out of the program. The school is always worried about the relationship they have with each facility. When students do stupid things it makes the administrators in the hospital cringe at the thought of having more students. I don't think the fact that it was or was not a HIPAA violation is the real issue (although I don't think it was a violation).

    It probably does make everyone question your common sense and ability to make judgement calls. That's much of what nursing is based on - judgement calls. How many times did your school faculty say, "NO CELL PHONES IN PATIENT CARE AREAS." They DRILLED that into our heads at my school. I wouldn't go in there and say, "The nurses were texting and had their phones out." They don't care. You're a student, not a nurse. You're a liability, not an asset.

    There are some preceptors who like having students, but for the most part students are just more bodies to be in the way. Plus, they're just another set of eyes criticizing every move you make. Nobody wants students around anyway. The school wants you to go there and basically be invisible. Taking a picture throws up flags...you were not invisible. Now the administration at the hospital is going to wonder why the school isn't telling students to keep their phones up. If I were your instructor, and I had told you 500 times not to have your phone out, I'd be highly ticked off that someone might think I didn't do my job as an instructor.

    If I were you then I would just apologize, say how thoughtless it was, and apologize some more. You really should know better at this point. This is freshman behavior, and even then it would be unacceptable.
    tacomaster and Congababe13 like this.
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    Quote from edmia
    I had to find the nursing student placenta story. Turns out her school did in fact throw her out but she sued and won:

    Chicago intellectual property | Facebook photo privacy | @internetcases

    In any case, be prepared for the worst although I do not agree that taking a picture of an organ is a HIPAA violation. Not the best thought process, but not a violation.

    Good luck tomorrow.

    Sent from my iPhone using allnurses.com
    I heard about a student who used a thumb drive at a VA facility (federal property) and got into hot water over it. I don't remember ever being warned about putting a disk or USB in at a facility, but they sure warned us after that. He got his grade dropped, but apparently the administration of the hospital wanted him thrown out of the program!
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    Quote from Sweet_Wild_Rose
    Depending on facility policy (which your school and its students are required to follow) and the school policy, they may be well within their rights to dismiss you from the program. Outside factors that may contribute to your lack in judgement really don't matter; all students have outside factors of some kind affecting them.

    And please, do not refer to yourself as an excellent nurse. You are a student who does not have a nursing license; therefore you are not a nurse of any kind yet
    . That may seem harsh, but there are states that protect the title nurse and there can be legal penalties for calling yourself a nurse without holding the license.
    I agree! I graduate next month, already have a job, and just went out and bought my "RN color scrubs" for training, but I STILL don't call myself a nurse! I haven't passed the NCLEX yet. Until I officially get my results, I'm not a nurse! There were a bunch of purses/bags lying around in the lab a couple weeks ago and one very nice bag had "NURSE" monogrammed across the front. I was sitting near it and people started complimenting it and thought it was mine. I was like, "No, it's not mine. It is pretty, but I'm not a nurse yet."
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    Good luck! I hope all goes well and they let u continue with the program as you've come so far. Please keep us posted!
    Congababe13 likes this.
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    Seriously. No pictures ever. (or, you know, unless there is a professional reason). Your best bet is probably humbly explaining what you learned and how you won't push this boundary again.
    Congababe13 and texasmum like this.


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