Will I get in trouble ? ? ? - page 5

by Congababe13

16,499 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


  1. 1
    Right off the bat if it's typed "HIPPA" instead of "HIPAA", I am already questioning the validity of the official point they are about to make on the subject!!

    Quote from SummitAP
    This nursing student screwed up.

    No doubt what this student did was arguably unethical and probably a violation of school and/or facility policy. This student may have even violated a state privacy law.

    IANAL, but there are a lot of nurses and students in this thread who think they understand HIPAA who clearly do not. About 80%...
    I see the typical emotional but ignorant reaction: "that FEELS like a privacy violation, therefor HIPAA violation!" At least Google "Protected Health Information" and educate yourself. You'll quickly understand that this is NOT a HIPAA violation because there was no PHI, no ability to identify the patient from the picture.
    SummitRN likes this.
  2. 0
    Hello,

    Thanks to everyone for their comments whether positive or negative. Our nursing program does NOT want us to have cell phones at clinical. They are suppose to be left in our cars or secured in some other way and we can only check them at lunch. Everyone DOES take them to clinical though because where I'm at for clinicals you must take a shuttle to the hospital from your car and no one has time to do that during lunch and the majority of us have kids. I was wearing my own scrubs not OR scrubs, I didn't have my clinical bag because I knew that I would be in the OR without a place to have my things throughout the day. I have a degree in psychology and I know the importance of protecting a patients information, this is or wasnít the same thing. I was disconnected from the patient in this situation.

    In regards to ďI should have known better because I'm a 2nd year student" is really irrelevant, HIPAA has not been drilled into our heads from the beginning.This was a common sense issue not a HIPAA rule that I should have known. It is not a HIPAA violation by the way but a violation of privacy. I'm NOT a Nurse, I am a student and A EXCELLENT CARE TAKER ~ but I have and will make mistakes.

    I was standing in the corner of the OR for hours, I could not even see the patient, and the only thing I could see is the 5 monitors that were showing the inside of the patientís stomach. I'm not denying that I made a HUGE mistake but I am saying that this mistake should not define who I am, what kind of Nurse I would be, or be an indication of my judgment as a professional. I didn't try to hide taking the picture as there was a RN and X-ray tech standing right over my shoulder ( btw-the nurse was taking pictures out of a product catalog and texting it to her friends for orders) .

    I'm a nerd, I love medicine and biology, I have a microscope at home, I want to be an OR nurse . . . I was in awe! After staring at the monitors for a long time, I separated what I was seeing on the monitors from the patient. I wasn'tthe nurse in the OR; if I was I would have been doing my job.

    So my appointment was yesterday not today and I did get removed from the program. I had two meetings yesterday and one with the VP of Academic/StudentAffairs today. The VP set-up a meeting for me on Monday with herself, the Dean and the dept head so I have no idea what will happen then. I'm in the process of writing an apology letter to all involved. I do in fact believe that there should be some type of probation or disciplinary action but having said that I believe that removal from the program is a little harsh. I feel like my heart has been ripped out of my chest as I want this more than anything. I have spent the last 31 months of life fighting everyday to be good enough to make it to the end. I have watched my friends fail out all around me and I'm actually passing and making it but I had to go and do something completely thoughtless to mess it up.

    Could those of you that don't think I'm a horrible person please send any extra Ju`Ju that you may have my way ~ I need all of the help I can get right now . .. This is absolutely the worst feeling in the world !
    Last edit by Congababe13 on Nov 16, '12 : Reason: Mistakes in grammer
  3. 0
    The Head of my Nursing Deptartment spells it this way . . . The one who wants me out of the program.

    Quote from ColleenRN2B
    Right off the bat if it's typed "HIPPA" instead of "HIPAA", I am already questioning the validity of the official point they are about to make on the subject!!
  4. 1
    Best of luck

    No matter what happens
    Congababe13 likes this.
  5. 2
    LOL, you probably shouldn't correct her though!! I'm very glad that they are giving you another chance. Keep in mind that they have drafted their policies for a reason--ie: keep the cellphones OUT of there!!!

    Quote from Jenn77x1
    The Head of my Nursing Deptartment spells it this way . . . The one who wants me out of the program.
    SummitRN and Congababe13 like this.
  6. 1
    Quote from Jenn77x1
    Hello,

    Thanks to everyone for their comments whether positive or negative. Our nursing program does NOT want us to have cell phones at clinical. They are suppose to be left in our cars or secured in some other way and we can only check them at lunch. Everyone DOES take them to clinical though because where I'm at for clinicals you must take a shuttle to the hospital from your car and no one has time to do that during lunch and the majority of us have kids. I was wearing my own scrubs not OR scrubs, I didn't have my clinical bag because I knew that I would be in the OR without a place to have my things throughout the day. I have a degree in psychology and I know the importance of protecting a patients information, this is or wasnít the same thing. I was disconnected from the patient in this situation.

    In regards to ďI should have known better because I'm a 2nd year student" is really irrelevant, HIPAA has not been drilled into our heads from the beginning.This was a common sense issue not a HIPAA rule that I should have known. It is not a HIPAA violation by the way but a violation of privacy. I'm NOT a Nurse, I am a student and A EXCELLENT CARE TAKER ~ but I have and will make mistakes.

    I was standing in the corner of the OR for hours, I could not even see the patient, and the only thing I could see is the 5 monitors that were showing the inside of the patientís stomach. I'm not denying that I made a HUGE mistake but I am saying that this mistake should not define who I am, what kind of Nurse I would be, or be an indication of my judgment as a professional. I didn't try to hide taking the picture as there was a RN and X-ray tech standing right over my shoulder ( btw-the nurse was taking pictures out of a product catalog and texting it to her friends for orders) .

    I'm a nerd, I love medicine and biology, I have a microscope at home, I want to be an OR nurse . . . I was in awe! After staring at the monitors for a long time, I separated what I was seeing on the monitors from the patient. I wasn'tthe nurse in the OR; if I was I would have been doing my job.

    So my appointment was yesterday not today and I did get removed from the program. I had two meetings yesterday and one with the VP of Academic/StudentAffairs today. The VP set-up a meeting for me on Monday with herself, the Dean and the dept head so I have no idea what will happen then. I'm in the process of writing an apology letter to all involved. I do in fact believe that there should be some type of probation or disciplinary action but having said that I believe that removal from the program is a little harsh. I feel like my heart has been ripped out of my chest as I want this more than anything. I have spent the last 31 months of life fighting everyday to be good enough to make it to the end. I have watched my friends fail out all around me and I'm actually passing and making it but I had to go and do something completely thoughtless to mess it up.

    Could those of you that don't think I'm a horrible person please send any extra Ju`Ju that you may have my way ~ I need all of the help I can get right now . .. This is absolutely the worst feeling in the world !
    So sorry to hear you were removed from the program. However why have they set up a meeting for you on Monday after already having two meetings??? Are they trying to add insult to injury? I mean really...I feel so bad for you. I wish you the best of luck, maybe they will change their minds with the letter of apology.
    Congababe13 likes this.
  7. 0
    Quote from akilah530
    So sorry to hear you were removed from the program. However why have they set up a meeting for you on Monday after already having two meetings??? Are they trying to add insult to injury? I mean really...I feel so bad for you. I wish you the best of luck, maybe they will change their minds with the letter of apology.
    I appealed the decision through the VP and after she talked to the nursing program today the meeting for Monday was set-up . . .
  8. 1
    Yeah ! I have NOT corrected her, lol !

    I sooooo hope that they give me another chance.

    The VP said that to me today, she said " I bet you never make that mistake again "
    DawnJ likes this.
  9. 1
    Sending positive ju-ju your way! I'm sure you have heard enough negative and you have learned the lesson! I work in the OR as an OB Scrub Tech and I can fully understand the excitement you felt that made you want to take that picture.
    And for general information, not all hospitals make students change into hospital scrubs. During clinicals for the Surgical Technology program, out of 3 hospitals only one did that. We even scrubbed in wearing our school uniforms under the sterile gown so I'm not surprised the OP was wearing her own scrubs.
    Best wishes!
    Congababe13 likes this.
  10. 0
    Oh dear----I misread your first update!!! I am very sorry and wish you well in the appeals process....

    Quote from Jenn77x1
    I appealed the decision through the VP and after she talked to the nursing program today the meeting for Monday was set-up . . .


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