Nursing Student Blog Lawsuit - page 7

by libnat 50,245 Views | 256 Comments

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  1. 1
    Quote from LandslideRN

    ...

    From reading her page I was able to tell she worked at a hospital, but it was impossible to tell if she was a nurse or not. I figured she was a nursing assistant or something by the way she talked. But she's already a nurse? I suppose I could look up her license, if she had one, on the La SBON website...if I felt like I had the energy. And I wold have thought that a registered nurse would have more brains than to talk like that.

    ...

    LandslideRN
    I just looked her up on the Kentucky BON site... she is a "nurse aide".

    DeLana

    P.S. I'm relieved now... I was worried she had a nursing license!
    cardiacRN2006 likes this.
  2. 4
    I'll cut her some slack over the offensive material because while I didn't find it humorous, maybe she thought she was being funny in an x-rated comedian kind of way. Personally I sometimes enjoy shows like South Park and Family Guy that utilize offensive material, and I don't think that makes me a bad nurse.

    However, her coworker invited her to share a special experience to fulfill a class requirement and she should've been grateful and respectful. (I couldn't even get a nurse to let me interview her when I was in school, let alone see her naked.)

    I could see kicking her out just for 'reflecting negatively' upon the school. We were told we couldn't go have a single drink at the local bar in our school scrubs. The big thing is though, what she wrote is a clear and unquestionable HIPAA violation. It doesn't matter that I can't ID this woman from a few states away. HIPAA states that if ANYONE gets privileged medical information--even info about a long labor--because of disclosure by medical personnel it's a violation. Surely one or more of her ER coworkers will be able to identify her based on her circumstances and delivery date.

    Our freedom of speech does include the right to spew extremist vitriol on-line, but it doesn't include the right to defame others. She's old enough to know better. For a link to an ER doc who has posted some controversial views and case info without violating any laws try: http://scalpelorsword.blogspot.com/
  3. 1
    i'm not understanding yoder's contention of free speech being violated.
    as a couple of others have mentioned, there are consequences to our actions.
    that is not the same as a right being violated however.
    just as she is free to speak her mind, others are just as free to protest.

    siri, the hearing has been canceled?
    what are the implications of this?
    that she won't be heard??
    or is it being postponed?

    leslie
    hiddencatRN likes this.
  4. 2
    The key behaviors were "Confidentiality and Professionalism."

    Admittedly these can be subjective standards but it falls under terms and conditions of employment. Her posts were just a bit too close to the line through discussion about patients she cared for as a student. I absolutely defend her right to have thoughts and reactions but to put them out so publicly calls her judgement into question. Ultimately our patients have a right to privacy that supercedes our free speech.

    As a student I was expected to produce journals for class but that was only for internal review between myself and my clinical instructor.

    She could have kept a private journal for her own consumption without any fear of retribution but once she put it out to MYSPACE it became public.
    cardiacRN2006 and BBFRN like this.
  5. 4
    What is wrong with us hateful gun nuts?

    Have to agree, HIPPA strikes again. You have freedom of speach; however, why are people surprised when they end up dealing with the consequences? You talk enough crap, and eventually it will catch up with you. Sympathy level, 0.
    Altra, BBFRN, KimberlyRN89, and 1 other like this.
  6. 2
    here's a news video of yoder and her attorney being interviewed.

    http://www.wlky.com/education/18923747/detail.html
    leslie :-D and Multicollinearity like this.
  7. 3
    Quote from leslie :-D
    i'm not understanding yoder's contention of free speech being violated.
    as a couple of others have mentioned, there are consequences to our actions.
    that is not the same as a right being violated however.
    just as she is free to speak her mind, others are just as free to protest.

    siri, the hearing has been canceled?
    what are the implications of this?
    that she won't be heard??
    or is it being postponed?

    leslie
    It looks like (after reading this) that the hearing will not be rescheduled:

    Yoder's lawyer, Daniel J. Canon, said the hearing, scheduled before U.S. District Judge Charles R. Simpson III, was called off at the request of U of L, which claims it's too late in the semester to reinstate her.
    http://www.courier-journal.com/artic...NE06/904110302

    But, this is a separate issue from Yoder's lawsuit. The premise of her lawsuit is a "trash defense". In other words, so many other internet users trash individuals/entities, why can't I?...
  8. 0
    Quote from LandslideRN

    From reading her page I was able to tell she worked at a hospital, but it was impossible to tell if she was a nurse or not. I figured she was a nursing assistant or something by the way she talked. But she's already a nurse? I suppose I could look up her license, if she had one, on the La SBON website...if I felt like I had the energy. And I wold have thought that a registered nurse would have more brains than to talk like that.


    LandslideRN
    Nina Yoder is, err, 'was' a nursing student at the La nursing school that she attended.
    Last edit by ŽNurse on Apr 11, '09 : Reason: HTML quotes provided unreadable format
  9. 7
    Quote from sirI
    The premise of her lawsuit is a "trash defense". In other words, so many other internet users trash individuals/entities, why can't I?...
    I would guess that that defense won't get her v. far, since the issue in her case is not that she's randomly "trashing" an individual on the internet, but disclosing protected medical information which she is legally required to keep confidential.

    Personally, I think she deserves whatever she gets. Maybe this incident will be a wake-up call for any others similarly inclined.
  10. 2
    The UofL position is that her identification of patients constitutes the breach.

    NOT the offensive words.
    talaxandra and wannabesedated like this.


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