Has anyone had a pt's family member take pictures of you during care?

[TonyaM73]

Okay, the weirdest thing happend yesterday at work. (Why do I always get the nuts???) The doctor was examining the pt and the pt's wife was holding up her phone. I thought she was looking at something on the phone, but thought that it was odd the way she was holding it up. After the doctor leaves, I am in the process of settling the pt back down and I hear a click. I looked at the pt's wife and asked if she took a picture? She said yes. I asked if I was in it and she said yes, but that was okay, right? I told her that I didn't like people taking pictures of me at work. She brushed it off and said that I was not doing anything wrong, so it shouldn't be a problem. OOOKKKAAAYYY! I really felt like this was a problem. I don't want my picture plastered on the net or something. Don't we have at least a molecule of a right to privacy regarding our picture being taken or since we work with the public, is that right out the window? Any thoughts?

[Esme12, ASN, BSN, RN]

could this be considered a hippa violation? if nurses taking pic's of patients is a violation it's only right that patients and family members have that regulation too.

personally, i would have taken the cell phone gone to my manager and shown her (and said it was without consent) then deleted it.

it is hipaa (health insurance portability and accountablity act) not hippa.

http://www.hhs.gov/ocr/privacy/hipaa/understanding/index.html

http://en.wikipedia.org/wiki/health_insurance_portability_and_accountability_act

here is a link so you may become better informed as you study to someday to become a nurse.

the patient has the right to have their health information private and not of public record. you as their caregiver have an obligation to protect this right. while i believe that families should not be able to take pictures of staff it is not a hipaa violation as you are not the patient nor is your healthcare record at risk.

i personally would discipline any employee of mine who would risk assault a family member and grab their personal items. grabbing and confiscating personal property can also be considered illegal search and seizure (as protected by the consittution). this can be prosecuted by the family as assault and battery as well as theft and crminal charges can be filed. i would expect my employee to immediately tell the family that this is against hospital policy to take photos without written consent from the hospital (policy at my facility) as this is private hospital property and consent would be have to be obtained by the patient also (now that's hipaa) i ask that the bedside phone be used to have the operator page me or the supervisor to go to the room and address the issue with the family member immediately to come to a immediate solution and request the picture be deleted as a protection to the employee's privacy.

unfortunately, technology has surpassed the written rules by a long shot and i believe will eventually catch up in time. there has been no precedent set and there will probably have to be a lawsuit filed to settle this issue amongst privacy advocates and public forums. the fact is as a cna and when you become a nurse. your registration in your state reveals your personal information as you are state registered and your personal information is public. anyone can access your personel information off the websites of your board of registration because your is public record.

i personally believe it is intrusive and an invasion of privacy to take my picture without my permission but that doesn't mean i can actually stop someone when i am in "public". i believe the jury is still out on this one and we will have to wait and see..........but you can't grab someones personal belongings without ramifications.

[caliotter3]

After my supervisor confrunted the pt's family, she told the pt and the family that I would be reassigned effective immediately due to this incident and then called security into the situation. My boss is the best!! She really sticks up for us floor nurses.

You really do have a good supervisor. Sure would be nice if security banned these people from the building, but can't hope for too much.

[blondy2061h, MSN, RN]

You're not the only one this has happened to:

https://allnurses.com/general-nursing-discussion/did-you-just-488675.html

[joprasklpn]

I agree that privacy should be a two way street. I'm sure if you walked into a bank and just started snapping photos you would get a quick escort out of there. Nobody wants someone to just walk into their job site and take pictures of them, I don't know why people just think oh the nurse won't mind. I know I am on video tape at a home care case, but they ask first and I gave consent. Too bad you couldn't just whip out a camera and take her picture taking your picture and let her deny it then. Glad you have good support from your manager and hope nothing ever comes of this. Some of the phones now have ability to record just like video.

[Batman25]

Good for your manager. It is against our policy as well. Make sure your CN makes Risk Management/hospital lawyers aware. This is a red flag that they might be gearing up for a lawsuit. Make sure the patient's doctors are aware as well. They need to be on alert also.

[Kooky Korky, BSN, RN]

No one quite knew what to do in this situation other than talk to the family involved. We all know that no one can take a picture of the patient except in routine pt care such as pressure ulcers and such, but what about the nurse or doctor? This was definately a unique situation. I just wondered if anyone else was ever in a similar situation? I agree with the above poster that in another clinical setting, such as with babies, it would be a different matter and if the family member had asked me, we would have had a discussion about boundaries. There was no warning, just CLICK.

I think you should take some shots of her. LOL. Just kidding. You'd probably get fired.

[classicdame, MSN, EdD]

the medical chart documents care and who provided it. That should be enough. I had this happen once and told the Mom of the patient that I had rights too and if she used my picture in any shape, form or fashion that I would sue her for invasion of privacy. I also noted on the chart what happened and told the supervisor. If I had committed a crime my picture would not have proved a thing, only that I was in front of her at some point in time.

[BCRNA]

You have the right to ask not to have your picture taken, though if your in a public place they don't have to respect your decision. But hospital liability is completely different, they should intervene to prevent this from happening. Potential future litigation could result. Photography in any form is forbidden where i work, any place where patient care is given. There are other patients close by no matter where you are in a hospital, they can not guarantee they wont get someone elses pictures. If they are taking pictures of you, they will be taking other pictures you wont be able to review to make sure other patients aren't in them. And if you were doing a procedure they shouldnt be doing it either, you should have politely told her it is rude to photograph people without their consent.

[nurse2033, MSN, RN]

Could this be considered a hippa violation? If nurses taking pic's of patients is a violation it's only right that patients and family members have that regulation too.

Personally, i would have taken the cell phone gone to my manager and shown her (and said it was without consent) then deleted it.

Do you actually mean that you would pry the phone out of that lady's gnarled grip to show your boss? That would be insane, try theft and battery. I'm not saying she wasn't a creep but don't put yourself in that position.

[yehe9912]

If that were me I believe I would have asked her to please delete the picture off of her phone. And definitely tell your supervisor. I mean the least she could have done was ask if she could take a picture of you.

[steelydanfan]

Nope, privacy laws have to do with members of the healthcare team disseminating private information of clients. There's no professional relationship between family members so the law doesn't apply unless they're taking pictures of other patients.

If you tried to take a cellphone away from a visitor, you could be charged with assault if not robbery. Don't go there.

I agree that it's over the top and that risk management needs to get involved and rules clarified for the family, if there are any rules. If there aren't any rules, staff needs to pitch a fit until there are.

I was given to believe that HIPAA violations extend to the pt.s themselves, so that a family member could not take photos of their dying, intubated mother without her express permission.

[steelydanfan]

You have the right to ask not to have your picture taken, though if your in a public place they don't have to respect your decision. But hospital liability is completely different, they should intervene to prevent this from happening. Potential future litigation could result. Photography in any form is forbidden where i work, any place where patient care is given. There are other patients close by no matter where you are in a hospital, they can not guarantee they wont get someone elses pictures. If they are taking pictures of you, they will be taking other pictures you wont be able to review to make sure other patients aren't in them. And if you were doing a procedure they shouldnt be doing it either, you should have politely told her it is rude to photograph people without their consent.

I am at work, and not in public. Therefore, I am shielded by privacy laws. Anyone who thinks otherwise is in for a big fat judgement.