Nursing Student Blog Lawsuit - page 9

by libnat | 50,935 Views | 256 Comments

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


  1. 2
    Quote from twow
    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.
    The most reasonable course of action is for the University to remove the student and maintain a pisture which limits their liability in court. Which they have down and are maintaining.

    Second of all, out of 39 blog posts there is only one blog post about 1 post about 1 pt. The degree of identifiability of that patient is debatable.
    Irrelevant. HIPAA does not require the person to be universally identifiable. If ONLY 1 person can identify the patient, even if it is the patients family member then HIPAA has been violated.

    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.
    They are using this argument as a red herring. Trying to make this case about something it isn't...

    They NEVER mention her specific words...
    cardiacRN2006 and hiddencatRN like this.
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    FireStarterRN likes this.
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    I read her blog on myspace and I just listened to her interview from the wlky website.

    First of all I think she is a person who uses extremely poor judgment. She says she was using satire. I personally didn't think she was very funny. I have worked in a medical office directly with patients. We had some that were weird or that we had trouble with, but we were not so crude and unprofessional. Is she referring to babies when she says "creep"? Personally, I think she has some problems.

    As far as the blog goes. Her personal blog is very much public. If she didn't want others to see it she would have made her myspace account private. I was able to go and read it and I don't even have a myspace account. The reality is that we are judged by what is on our websites. It has become a great way for employers to investigate potential employees. If she was my student I would have been disgusted by what she had on her website. I thought she gave good insight about herself when she stated that some percentage of the clinicals are a waste of her time. Surely she didn't think no one from school would see that. I would never want my nursing instructors to know that I thought that part of my school requirements were a waste of time while I was still attending. I would think that being dismissed would be a better fate than what the instuctors could do to you while you were enrolled.

    Its just my opinion but I didn't find her very likable or smart. Can you kick someone out of school for not being likable? I don't know.
    keelee2 and wannabesedated like this.
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    It's astounding that she still has her Myspace page up and completely public while trying to fight her way back into school. She does have the right to say, think or blog about what she wants but like other posters have said there are reprocussions for poor actions. All she'd have to do is make her blog viewable only to her Myspace friends so her school and the rest of the world can't google and access it. She could even make the posts or the whole page private or viewable to only herself if she was just venting. Does she think other schools don't google students either? If she can't get back into her former university then applies to a new one does she think they won't find out about that? She may not be breaking the law (well, HIPAA) but I doubt many schools that are pretty competitive to get into anyway would welcome a student such as her with open arms that could disgrace thier program.
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    To anyone who is considering posting such comments on myspace.com or wherever--this may not only get you kicked out of school, it may keep you from getting a job. Many employers these days check myspace to get a little insight into a person that you don't get in an interview. I would certainly be disinclined to hire that person, anticipating problems such as inappropriate language, disrespecting employer or patients, difficulty working harmoniously with others, etc. You can teach skills but not attitude. I once hired a seemingly sweet, genuine people-pleasing young caregiver. I didn't work on her first day of training but I heard plenty. She used offensive language, was on the phone all day and bullied the other staff. She was counseled to no avail and terminated following her second shift. If I'd seen this side of her ahead of time, I'd have avoided the hassle and expense of hiring and firing her and given the job to a more deserving candidate. Do your ranting and venting in private (with family or friends, if you have them) not on the Internet, which is like shouting to the world. Once the damage is done, you can't turn back the clock.
    KimberlyRN89 and wannabesedated like this.
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    Whether you have MySpace or Facebook doesn't make a difference.

    Both allow you to set your pages to private. If they are private only people you personally select can actually view anything on your pages.

    Good personal policy is to keep these private regardless of what you have on them.
    cardiacRN2006 and BBFRN like this.
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    Perception is 9/10th of reality. She has a right to write and say what she wants, but once she identified herself and her school and posted what she did in the way she did. She left herself open to this. Public perception can and will be "this is the kind of person this school allows into its nursing program?" She makes the school and the program look bad with her opinions IMO. I need to watch the local news, I wonder if this has made it on?
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    In the shoes of an employer and patient, I would rather have a nurse who has opinions and knows how to check it at the door than have a nurse who is unpracticed at such a skill. If her opinions and language are contained to MySpace and don't affect patient care, then the school of nursing is being narrow-minded and unrealistic.



    *****
    After reading the blog (google), she's walking a fine line. I don't think the public could identify the patient - maybe only hospital staff that were assigned and had a right to know already. Maybe only the patient could identify herself. Is that still a HIPAA violaiton??

    Secondly, these are situations that are very common with birth. Yoder said nothing about the patient or patient care. No personal, individualized information was given. Very general and universal with regard to L&D. At most, she said it took 8 hours.

    Finally, I wonder if she could claim to have made some of it up, or exaggerated it? Shouldn't the university verify the story before expelling her?
    Last edit by epac104 on Apr 11, '09
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    The school didn't like what she said, if she had made glowing reports about the school and clinicals in the same nature they would have not had a problem. It's pretty clearly satire, people joke of worse just not in writing.
    Last edit by libnat on Apr 11, '09
    DaFreak71 likes this.
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    Isn't it quite possible that some of her coworkers are her "friends" on myspace? I would think they would surely be able to identify this patient. As far as her not having removed the blog, I'm thinking that may come into play with her lawsuit, if she takes it down it could be viewed as admitting she is wrong.

    Quote from her blog:
    "As part of my mother-baby clinical (99% of the time the clinicals are a waste of my time) I was assigned to find a pregnant mother and follow her around. I didn't look far. If you ever worked a 12-hour shift in the hospital, you'd know that 50% of females there are at various stages of pregnancy. People say that there's something in the water. I say it's the shift - basically, she works 3 days and has 4 days to do everything else, including getting knocked up. That's how I got surprised with my own Creep - I was working nights in the ER. Never thought I'd have one, but there ya go. If your wife is infertile, send her to work at the hospital, she'll come back with triplets."

    Personally, I think she is rediculous. Saying that 99 percent of her clinical time is a waste makes me think that even if she did make it through school, she would be one scary nurse. It is sad and terrifying when people think they know all there is to know, and in our line of work that can be deadly. Just my !


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