Nursing Student Blog Lawsuit - page 11
careful with your myspace/facebook/blogs. (article in its entirety)... Read More
Apr 13, '09She may very well win and get back in to school. There are still not guarantees that she will get a license and with her very publicly stated opinions even less that she would find someone that will hire her. I know for one I would not on either count. The board of nursing could deny her a license without comment and she would have little recourse. As for potential employers well thats easy, that application just gets lost in a file someplace.
Apr 13, '09She didnt identify this woman as someone she worked with in the ER, she said when she got pregnant with her "Creep" she was working nights in the ER.
Apr 14, '09I just thought of something. Hospitals participating in her clinical placements would surely have every right to refuse to "host" her. My understanding is that all the clinical placements are totally "at-will". If the hospitals black-list her, she will have to drop out of the program due to an inability to fulfill the requirements. Perhaps having the hospital boot her would have been a less legally perilous route to take. Then again, I'm sure that the school is trying to keep the hospital out of it so that they don't just stop hosting clinical rotations altogether. She's definitely putting the hospital in an unenviable position.
The sad thing is the sense of entitlement that this young lady seems to feel. Even if all of her speech was protected by law (and I'm not convinced that it is, the privacy violations seem irrefutable) it's just plain selfish to think you can talk that way and not have to face some pretty angry folks. Self-centered much?
Apr 14, '09I think this woman got exactly what she deserved. I don't care that her entries are clearly racist, ignorant and poorly written but she violated HIPPA and HIPPA violations also qualify as breaking the nursing school's code of conduct so I think she deserved to be kicked out of the program. I'm all for her first amendment rights but when she makes a public posting that gives details identifying a patient she worked with and giving details about that patient then she violated HIPPA which is against the law and deserves to be punished for it.
Just in case there is anyone who is still in question on whether Ms. Yoder violated HIPPA, take a look at the following facts you know about her patient just by reading her Myspace post:
1. Ms. Nina Yoder is a 27 year old nursing student from Louisville, KY who also works in an Emergency Room of a hospital in that area on the night shift.
2. During Ms. Yoder's maternity rotation in nursing school the patient she followed was a coworker from the ER who was having her third child (she already has two young boys) and she gave birth to her third child at some point between Jan. 30 - 31, 2009. (Yoder's entry is dated Feb. 02 and she mentioned this happened "last friday (Jan. 30)")
3. Her patient was hospitalized, given an epidural and was in labor for at least 8 hours. The patient with her husband and extended family, she gave birth to a baby girl.
I'm sorry but that is a violation of HIPPA, I don't even live in that area or have any connection to anyone involved and I feel that if given a little bit of time and a few visits to hospitals in that area and you could easily find out the identity of her patient. Now just imagine someone who knows Ms. Yoder or her patient, that poor woman who was kind enough to let Yoder be a part of her pregnancy so she could learn is now having her personal health information being broadcasted like some kind of freak show on somebody's Myspace! I hope the patient finds the Myspace posting and sues her for violating HIPPA. Ms. Yoder has the right to her opinion and can say it when she wishes but if she is going to post something online at least do it anonymously and remove any identifying patient details.
Apr 14, '09I am just amazed that someone from the military, that is in nursing school, could be so childish. Grow up and find a new career where you can express yourself at your expense not others.
Apr 14, '09My guess is that Ms. Yoder, regardless of whether she has a favorable outcome, is going to find it hard to gain employment. Prospective employers do check out sites such a myspace and facebook. Employers have fired employees because of postings on myspace and facebook.
Let's say Ms. Yoder wins her case. As an employer would you hire this person based on what you've seen on myspace? Probably not. Another concern would be, since her myspace page is accessible, what legal ramifications could this have? A good malpractice attorney could use what she has posted since it has been posted in a public domain. A good attorney could argue that Ms. Yoder didn't provide good care based on statements she's posted regarding her prejudice and how she describes events relating to her nursing experiences.
I don't blame the school for dismissing her. If any patient sues that she has provided care for as a student, she's given their attorney a loaded gun to use against her and the school. I see this more as a risk management issue and HIPPA violation for the school than a freedom of speech issue.
Apr 14, '09Quote from jm394This is certainly true in my state -- any clinical site has the right to refuse to accept any individual student for any reason, and if the school were not able to find a clinical site that would accommodate a particular student, that student would be unable to complete the requirements for that clinical rotation and would have to withdraw from the program. Although I haven't personally seen a situation where that has actually happened, I do know that most of the hospitals have much stricter standards than many of the schools, in terms of criminal backgrounds, etc. (I was v. surprised to find that the last BSN program in which I taught would accept students whom they knew were unlikely to be able to be licensed because of their backgrounds -- but the school did not tell them this and was perfectly happy to take their tuition money for four or five years; they considered this a personal issue between the student and the BON, and not their (the school's) concern. I was told that the nursing program only did criminal background checks on the students in the first place because the clinical sites insisted on it, not because the school cared ... )I just thought of something. Hospitals participating in her clinical placements would surely have every right to refuse to "host" her. My understanding is that all the clinical placements are totally "at-will". If the hospitals black-list her, she will have to drop out of the program due to an inability to fulfill the requirements.
Apr 14, '09Quote from libnatSure... on the other hand, the university gets to choose who it admits to its programs.There is also a different standard for a private employer in an at will state vs. a public university.
In short, if she violated HIPAA or her school's code-of-conduct then her case is without merit. If there was no violation of either then she's an obnoxious bigot who's probably going to be reinstated... and get some duckets to boot.
Apr 14, '09Maybe she should not have posted this on a blog on myspace, but it is not that bad. I thought it was kind of funny. Viewing a birth from the other end of the spectrum is very different than actually giving birth your self. This girl has a child and understands what it is like to give birth. From what I read on her blog on myspace, she knows that giving birth is a gift, it is just a different experience when you are watching someone else do it.
Apr 14, '09The issue goes beyond was it legal or not, it even goes beyond her intent. Where the issue starts and ends is with her patient. People come into the medical arena and are asked to place not only their health and well being in caregivers hands, but they are asked place their trust in them like they do with no one outside of their immediate family. One of the cornerstones of that trust is the assumption that the caregiver is a professional and deserves that trust without first proving it, they have to be confident the caregiver will not betray that trust. Among the most sacred things that includes is privacy, that the caregiver will not share their personal and extremely private experience with others. That the experience will be treated respectully and in a professional context. Even though she was not referred to by name, her private and personal interaction was not only made public, it was made light of. Her indescretion not only casts a shadow on her, it casts a shadow on the whole profession. How can you ask a patient to place total trust in caregivers and then treat that trust so carelessly. How can they trust someone when they know that person might make a joke out of her and share it with the world. What she did was more than just juvenile, it was a betrayal of trust in her and the profession. How many of us would think it was funny if details our pelvic exam or for men DRE was posted on someones site. You can't claim to be a professional entitled to trust on one hand and act like a irresponsible teen in the bar with that trust on the other. She doesn't deserve to be counted with the thousands and thousands who take that trust seriously and hold it sacred.
Apr 14, '09okay..i didnt readd any of this but the first comment which introduced this topic. Ive personally spoken with Nina Yoder, and shes a WONDERFUL person. her words are taken completely out of context. and i hope they reinstate her. she is 5 months from completing her accelerated program. this is just toooo much. i mean her comments about certain things were taking completely the wrong way, and i think she is just very outspoken, and SOMEONE got intimidated by it.
Apr 14, '09Quote from libnatPretty much. I have a wicked sense of humor and didn't find one bit of her blog humorous. In fact, I found her really desperate for attention. Really. I mean, that fact that her blog is still up means a lot.Am I the only one seeing the satire/humor here. She's not the best writer but the style is good.
Quote from PrettyladieLOL! Out of context? Seriously?okay..i didnt readd any of this but the first comment which introduced this topic. Ive personally spoken with Nina Yoder, and shes a WONDERFUL person. her words are taken completely out of context. and i hope they reinstate her. she is 5 months from completing her accelerated program. this is just toooo much. i mean her comments about certain things were taking completely the wrong way, and i think she is just very outspoken, and SOMEONE got intimidated by it.
This is HER ENTIRE BLOG! This is not taken out of context. Take the blinders off. Nina Yoder is a vile women. Vile. She knows is, and loves it. Care to take a peek at the things on the bottom left of her myspace account? She loves being hated. Can't live without the drama.
And now, she gets to live with the drama of never becoming a nurse. Thank God.
She'll be lucky, and I mean LUCKY, if she gets to keep her CNA license, which expires October 2nd of this year.
I bet she won't though.