HIPAA violation or just a bad decision?

Nurses HIPAA

Published

  1. Did the employee violate HIPAA? Should the individual file a complaint

    • 125
      clear cut violation of HIPAA, turn it in!
    • 6
      bad decision, no violation, let it go
    • 1
      no big deal, but submit it anyway
    • 12
      no violation, ethically wrong report to the hospital
    • 0
      forget it happened

144 members have participated

i have a question that may seem like a homework assignment but this is not. i'm concerned that a individual, that is a rn, may have made a big mistake.

a nurse that is an assistant manager of a picu sent a picture via text of a small child, 1 year old, with a severe handicap. along with the text picture was a description "poking fun" at the appearance of the child. the picture was sent to two separate individuals. the child's face was in the picture but no patient name, diagnosis, or any other identifying description. the individual then instructed the people to picture and text was sent to, to "delete right away". they did not.

sadly the same individual sent another picture via text of another small child, 6 months old, with the child's face clearly visible but, again, no identifiers such as name, but did say the child had rsv. is this a violation or not. the pictures were not posted to face book or anything but one of the people that received the picture is a fellow employee and is struggling with what to do. first is this a clear cut violation? secondly, is the person that received the picture in violation if they do not turn in the employee that sent it?

Specializes in Wilderness Medicine, ICU, Adult Ed..

"[h=1]HIPAA violation or just a bad decision? [/h]

Do I only get to pick one or the other? I need an "all of the above, and then some" option.

As for the legal responsibilities of the staff member who received the pictures; that is a question for an atorney. The answer may be different in different states. If I knew them, I would urge them to ask nursing administration of the facility to get a legal opinion. All hospitals have access to lawyers these days (sigh). Simply hoping that this will blow over is foolish. The recipients of the photographs, and very likely, the facility for which they work, need legal counsel and they need it bad!

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Although they did not ask for it, their colleague has now envolved them. As a recipient of this photo they now have a responsibility in response of the other coworkers unsound and unethical judgement. As licensed professionals we have certain responsibilities. The point you are missing is that to do nothing is a choice also. In my opinion the wrong choice.

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Specializes in Chemo.

In simple terms yes this is a vilolation, and she needs to be fired.

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Specializes in Adult/Ped Emergency and Trauma.

This many days later, and "Fired" just seems soooooooooo "gentle."

I really like where that earlier poster was going to relocate the photographer's phone.:)

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Specializes in OR Hearts 10.

I didn't read all the posts but my facility is very strong about this type behavior.

Afew months ago 2 ER nurses got fired for a similar case. A mentally handicapped adult was in the ED and ended up with comments and a photo taken of her red haired private area. The matter was resolved very fast!!!

My bosses can make me crazy sometimes as they all can but it was nice to see they will not tolerate fools.

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Good for your bosses. The act begs the question of these nurses - "What the %&*# were they thinking?????"

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One of my previous Administrators was involved in a lawsuit brought against a facility he had worked in before I knew him, for a similar situation, except that it was a LTC patient. One of the workers had taken a picture of a serious pressure wound on the patient's periarea. This was sent to at least one other person, etc. The family found out about it and brought about a lawsuit because of it. You can imagine the far reaching after effects of such a situation for the whole company. And you know how the State feels about dignity situations. As caregivers, we must protect those whom we care for! New rules were developed for the whole corporation to follow, ie- no cell phones to be carried on any person while providing care/checked in for work, etc. Picture taking by cell phones should not be allowed to occur anymore than leaving the door open or the curtains open when providing personal care to a client. What if that client was YOU or your family member? Definitely NOT acceptable.

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This is terrible! We are PROFESSIONALS!

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Go ahead and shoot me for not being pc....but it is total BS to use being from another culture as excuse for not knowing whether to report it or not.If someone does not viscerally understand how #@* wrong that is and aren't instinctually driven to do everything in their power to stop it and prevent it from happening again then as far as I am concerned, they are only a smidge above the behavior itself and have no business practicing. End of story.

Seriously, for the most part, I take this board with a grain of salt and and definitely don't get this fired up. I suppose for some, they never really get that acute care nursing is different from the corporate world or retail, or sales or PR or on and on and on. People's well-being , both emotional and physical, are placed in your care. The whole "I go to work, do my job, stay out of other people's business" and a general unwillingness to get involved at all costs is what is taking this profession down fast and I mean fast....we are circling the drain.

0 Votes
Specializes in HH, Peds, Rehab, Clinical.
i have a question that may seem like a homework assignment but this is not. i'm concerned that a individual, that is a rn, may have made a big mistake.

a nurse that is an assistant manager of a picu sent a picture via text of a small child, 1 year old, with a severe handicap. along with the text picture was a description "poking fun" at the appearance of the child. the picture was sent to two separate individuals. the child's face was in the picture but no patient name, diagnosis, or any other identifying description. the individual then instructed the people to picture and text was sent to, to "delete right away". they did not.

sadly the same individual sent another picture via text of another small child, 6 months old, with the child's face clearly visible but, again, no identifiers such as name, but did say the child had rsv. is this a violation or not. the pictures were not posted to face book or anything but one of the people that received the picture is a fellow employee and is struggling with what to do. first is this a clear cut violation? secondly, is the person that received the picture in violation if they do not turn in the employee that sent it?

in my mind, if she sent the text with "delete right away" attached to it, she knew damn well that what she was doing had some illegal/unethical tones to it. i personally find it disgusting that any nurse, much less someone in a management position would do such a thing and if losing her job is the appropriate punishment (and i do believe that should be the least of her worries), then so be it

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Specializes in HH, Peds, Rehab, Clinical.
My niece, who suffered a rare genetic disorder, died this past December. She spent most of her short, tortured life in the hands of Nurses and Caregivers. All the staff I witnessed were extremely professional, and earnestly seemed to care.

She was a little miracle, and I MISS HER TERRIBLY, her mother and father are still crushed, and barely scraping by. She made it to age 5 never walking, never taking a bite. She had therapy workers and home healthcare workers coming all hours each day. Medical Staff meetings were common at their table, while her mom tried to keep her life as normal as possible.

As a child of 5, she had the exact intelligence of a child her age. She was precious. She loved music, and one song she loved makes me tear-up everytime it plays. She loved Blues Clues and Dora. She loved her family. She had a glow about her.

One of the RNs at the hospital filed her SSN on her tax returns thinking that my niece's family wouldn't know they could file her for 2011 secondary to her death. It was the ultimate slap in the face. It was an atrocity. The tax money has still not been given to the family.

There are monsters among us, and it is our duty to find them and see them out of our profession. If I worked with this nurse, and didn't report her, I would consider myself just as guilty and sick.

This thread really touched a nerve with me. I'm no polyana, but there is no room for this sickness. It is an abomination. I even hope that Karma doesn't get them, because that's how bad I view these kinds of actions against humans in OUR "CARE."

There is NO excuse for these actions. Zero Tolerance for Cruelty from "Caregivers!":madface:

Not to completely derail the initial question at hand, but PLEASE tell me that this nurse that attempted to defraud the government got her fanny handed to her!

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I am so sorry for your loss, and for the events that followed. Shame on that nurse.

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