Will I get in trouble ? ? ?

Nursing Students General Students

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  1. Did this violate HIPAA ?

    • 43
      YES
    • 15
      NO

58 members have participated

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 became visible on the monitor I took a picture of it with

my cell phone. The picture only included the endo monitor with NO identifiable

info on it. Is this a HIPPA violation? I was excited and didn't think anything

about taking a pic of the gallbladder on the monitor. The nurse seen me take

the picture and immediately told me that was not allowed and that I needed to

delete the picture, which I did.

Upon returning to the floor my clinical instructor had received a phone call from the hospitals edu department letting her know that they need to see me and to bring my phone. I went and explained what had happened, show them my phone to prove that the pic had in fact been deleted and I was told that was okay, I' not in trouble.

Today I get an email from the Head of Nursing at my school saying that I need

to come in and see her in the morning before I go to class. Can I be kicked out

of the program for this? She stated in the email that it was a HIPPA violation

but everything I can find states that it's not a violation as long as there is

not any identifiable information related to the patient.

Does anyone have any suggestions and/or advice about this situation or how to

handle my meeting at school tomorrow morning? Any information or suggestions

would be greatly appreciated . . . I did not mean any harm; I was just excited

to see the gallbladder come up on the monitor :no:

Specializes in OB.

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!

Specializes in HH, Peds, Rehab, Clinical.

Oh dear----I misread your first update!!! I am very sorry and wish you well in the appeals process....

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

Please keep us posted on your meeting or Monday. I really hope they give you another chance.

On another note guys, Do you think this ever happens to residents/med students? (who, by the way, seem to be allowed to use smart phones constantly do to there convenience).

I am so sorry, I did not read your response yet when I worte the above comment, and did not mean to seem insensitive. I hope things do work out for you, best of luck!

Specializes in NICU.

Did you talk to your school about ways you can be accountable? I know you've learned your lesson, but if you offer to find ways to make this a learning experience for other students, that might help. I know for nurses, not just students, accepting responsibility for mistakes and misjudgments is an important part of the learning process.

Perhaps you could offer to write up your experience (without ANY identifying info--it will of necessity need to be fairly vague) for the nursing school newsletter, sharing what you've learned or offer to speak to classes of nursing students about the ramifications of not obeying the rules.

The biggest apology letter ever to the hospital outlining your learning experience from this event and accepting full responsibility, noting that you broke the school rule about cell phones would help. It is hard for hospitals to place the never ending stream of students, acknowledge that and let them know that their efforts are appreciated and that you regret placing future student placement in jeopardy.

I can tell you did not intend to cause harm and this is a hard lesson to learn! It also probably won't be the last time you make an error, but those who learn from mistakes tend to make fewer ones in the future :).

Good luck!! I wish you well.

I pray this all works out for you!

We are human, we make mistakes...

God Bless You during this time.

This is upsetting, I hope your school de-colon-ifies their heads. Any conversation about common sense should include your schools lack of it for failing to make it clear to you that this unacceptable before the fact. So many of these posts are scolding you for lack of judgement, but I don't think this is such a 2 dimensional problem.

As a military leader, I really hope that your faculty is getting their butts handed to them for creating a lax atmosphere surrounding the use of electronics in a HIPAA environment. I really hope they are getting their butts handed to them for failing to make it unquestionably clear that this is unsat, and realizing that students may "forget" and as leaders they may need to " course correct" and remind students not to use electronics. Should they only have to tell you once? Whatever. They should know that they are responsible for your actions still at this point in your training. It sounds like it was buried in your handbook and not emphasized or made clear enough. Are you responsible to read everything presented to you? of course! But they still have to guide you.

I hope that your faculty is getting their butts handed to them for allowing what seems to be an enthusiastic student fall by the wayside. I hope that the gravity of their decision on your life is clear to them.

They have a clear opportunity to put you on the right path and teach you a lesson that you won't forget, and meanwhile create a quality nurse in the process. Leadership failures that are allowed to cascade down to follower-ship are the worst kind because they are self perpetuating and easily covered up.

Just my two cents, I hope that your appeal is successful. If not I hope that my response helps you get through the Anger stage of the five stages of grief, it certainly reflects the outrage I feel at your situation.

A big part of me thinks that cooler heads will prevail for you and your appeal will go through on Monday. Good luck and let us know.

Specializes in Psych/Mental Health.

I think people nowadays always have knee-jerk reactions to want to pull out their smartphones to take pictures about everything. It's become quite ridiculous.

In a professional environment that values privacy, taking that picture is nothing less than gross negligence. Think of it from the patient's viewpoint, if I were that patient and I find out that some creep I don't even know took a picture of my internal organ, you bet I'd be mad and complain to the doctors/nurses in charge.

I'm so sorry, we are human, but sometimes they expect nurses/students to be perfect.

Specializes in Neuro/Med-Surg/Trauma ICU.

Sending good wishes your way! I hope the Monday meeting goes well. I just said a quick prayer for you! Let us know what happened

Specializes in L&D.

I'm sorry, but it's very unprofessional to have your cell phone out during any clinical experience. I'd say you should be reprimanded for it. In my program, I would have been in huge trouble for that.

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