Nursing Student Blog Lawsuit - page 8

careful with your myspace/facebook/blogs. (article in its entirety)... Read More

  1. 2
    Quote from Atheos
    The UofL position is that her identification of patients constitutes the breach.

    NOT the offensive words.
    Right, thus her expulsion.

    Her position (Yoder's lawsuit), however, uses the premise of the trash defense. 1st Amendment Right to say whatever she pleases because others have/do say the same thing (or worse).....on the internet.
    HM2VikingRN and Atheos like this.

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  2. 1
    Let's protect freedom! HIPPA aside (which is enough to kill this from the outset), this school should have the the freedom to write vague rules that can be selectively enforced, and we as students or potential employers have the freedom to choose to do business with other schools if we don't like those rules!
    wooh likes this.
  3. 7
    Quote from Atheos
    Oh dang. I didn't know we lost the freedom of speech?
    For some really interesting reading, read The Patriot Acts, both of them. You'll see that free speech isn't all you've already lost.
  4. 0
    Quote from lilla_fjaril
    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/
    Do you have a couple of examples of extremist vitriol? thanks!
  5. 0
    Quote from Vito Andolini
    For some really interesting reading, read The Patriot Acts, both of them. You'll see that free speech isn't all you've already lost.
    Oh I agree with you. I was being sarcastic! Hehe.
  6. 1
    I wonder if the camera played a part in this. I can't photograph patients unless I want to lose my job.
    Multicollinearity likes this.
  7. 2
    Quote from Atheos
    The UofL position is that her identification of patients constitutes the breach.

    NOT the offensive words.
    uhhh, i dont think so. i would think it includes all her actions including the pt id.


    http://www.wlky.com/education/18923747/detail.html

    "It has been determined that your internet postings regarding patient activities and identification as a University of Louisville School of Nursing student violates the nursing honor code which you pledged to uphold," the letter said.

    same thing as a division-1 football team kicking a ball player off the team for getting into fistfights, DUIs, etc. yoder has every right to free speech as does the school have the right to disassociate itself from someone who doesn't comply with their standard of conduct.
    cardiacRN2006 and wooh like this.
  8. 2
    Quote from twow
    uhhh, i dont think so. i would think it includes all her actions including the pt id.
    "It has been determined that your internet postings regarding patient activities and identification as a University of Louisville School of Nursing student violates the nursing honor code which you pledged to uphold," the letter said.
    The quote specifically refers to patient activities and identification.

    HIPAA. It's right there...

    UofL have not referred to her other posts, her racism or other behavior. Only patient identification.
    BBFRN and sirI like this.
  9. 1
    "It has been determined that your internet postings regarding patient activities and identification as a University of Louisville School of Nursing student violates the nursing honor code which you pledged to uphold," the letter said.
    The issue is about acting like a fool while representing the UofL SON. Nina Yoder wants the right to do so by way of identifying herself as a student while spewing her garbage. UofL does not approve.

    First of all, if it were about HIPPA violation, which I am now convinced it is not, the most reasonable action would be for the attorney to persuade the SON outside of court that Nina Yoder's blog posts did not violate HIPPA. Open and closed, collect retain fee, move on with life.

    Second of all, out of 39 blog posts there is only one blog post about about 1 pt. The degree of identifiability of that patient single pt is debatable.

    Third of all, if it were about a HIPPA violation, then why would she make a big deal about freedom of speech and the gun incident? She never mentioned HIPPA violation or identifying patients in any of the articles I've googled about her.
    talaxandra likes this.
  10. 0
    Even if the patient gave permission to video the birth, or even requested it, is it really in a nursing student's scope of practice to accommodate such an activity? And bring in her own personal camera to do so? I'm so surprised that this wasn't questioned by other people in the room.

    The way she describes it,

    I jump up, and turn my camera on again, assuming the position of a greyhound, right in between her legs.

    Jeez! She makes it sound like she was jockeying with the doctor for the best viewing position.

    I'm also wondering why so few here have expressed any dismay over the filming part of her story, which is described so disrespectfully. Is it because the patient consent form includes 'permission to photograph', therefore no violation has taken place? I'm definitely crossing out that clause for my next operation. It seems even the medical field has their share of loose cannons.
    Last edit by Anxious Patient on Apr 11, '09


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