Nursing Student Blog Lawsuit - page 14
by libnat | 50,933 Views | 256 Comments
careful with your myspace/facebook/blogs. (article in its entirety)... Read More
- 0Apr 13, '09 by rjflynShe 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.
- 0Apr 14, '09 by jm394I 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?
- 5Apr 14, '09 by cjcsoon2brn, BSN, RNI 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.
- 0Apr 14, '09 by DusktilDawnMy 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.
- 0Apr 14, '09 by elkparkQuote 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.
- 0Apr 14, '09 by ♪♫ in my ♥Quote 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.
- 3Apr 14, '09 by sam2979Maybe 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.