HIPAA violation?

[zelda08]

During clinical..I was asked to help another nurse with their patient. This patient was assigned to someone in my clinical group.

During lunch, in the cafeteria, with both employees and visitors around this student began to very loudly talk all about this patient...stating what was wrong, how the patient reacted to care, jumping out of his seat to imitate the patient & make fun of the way they acted, mentioning the primary nurse's name..

Our instructor was a few tables down from us but didn't seem to notice his behavior. I attempted a few times to tell her about it, but she wasn't really up for listening to what I had to say. I was uncomfortable with the way he was acting and moved to a different table.

Just to clarify does this violate HIPAA? This patient has been hospitalized there before. For the same problems.

[pmabraham, BSN, RN]

First thought comes to mind, "mind one's own business." Second thought comes to mind, why are you minding their business? Third thought comes to mind, "yes you did the right thing by moving to a different table." I would have done the same thing in terms of moving to a different table or even moving to the table and sitting with the instructor while doing my best to mind my own business.

Now, from a pure technical standpoint, someone acting that way (in my opinion) is unprofessional. If they didn't name the patient, mention the patient's room number, or give enough information about the patient so that the patient could be identified, then from my understanding (which could be incorrect), other than showing unprofessional behavior, there was no violation. If I was the clinical instructor, and noticed the unprofessional behavior, I would have talked with the student in private; I would not appreciate tattlers.

[HouTx, BSN, MSN, EdD]

Totally disagree with PP. As nurses, we are obligated (personally, professionally & legally) to take appropriate action when we KNOW there has been a violation of professional standards. Failing to take action is, at least - the same thing as condoning the behavior. At worst, your lack of action could even be interpreted as complicity in the act itself.... e.g., patient abuse. This foundation is one of the reasons that Nursing has consistently been voted as the "most trusted profession" in the US for over a decade.

As a student, you are not yet there - but I am gratified that you already feel the need to intervene when you witness a breach of ethical behavior. The best response would have been to call out the behavior. Maybe saying something like "this conversation is entirely inappropriate and unethical" before moving away and distancing yourself.

Making the right decision is not always easy, especially when everyone around you is playing follow the leader. It's not comfortable & sometimes it may even be risky.

[NICUismylife, ADN, BSN, RN]

#1: Total violation of HIPAA. He described what was wrong, the assigned nurse, and how the patient reacted to interventions. That is enough for someone to be able to recognize which patient is being spoken of.

#2: I have been in this situation (to a smaller degree--no jumping out of chairs or imitation occurred), and have told the student, in a kind way, "Hey, you're gonna get yourself in trouble, HIPAA!" And that normally shuts it down pretty quickly.

#3: You were correct to distance yourself from this student. I'd keep a wide berth, personally. HIPAA violation is no joke.

[CRNAhopeful87]

It's really funny Zelda or wannabeny that you posted this. I think you need to mind your own business and worry about passing GIGU next time.

[CRNAhopeful87]

P.S. you really should not make up stories and use this forum as a way to slander somebody. You're childish and immature. Going to the clinical instructor to try and get a student in trouble is an all time low for you. You're the kind of person who believes the world revolves around them. You're worried so much about what other people are doing instead of focusing on your studies.

[Serhilda, ADN, RN]

Well I think we know who the guilty party was now lol.

OP, this absolutely was a violation of HIPAA in addition to being incredibly inappropriate and unprofessional. There's no room for people to be against reporting unsafe, unethical behavior in nursing. Do NOT let them intimidate you into being silent in the face of anything you see that's wrong. I've been in situations similar to that and when you suspect you may not have the support of your instructor, it's unreasonable to suggest you call the person out right then and there.

Find someone that may take this seriously and let them know what happened.

[nursel56]

During clinical..I was asked to help another nurse with their patient. This patient was assigned to someone in my clinical group.

During lunch, in the cafeteria, with both employees and visitors around this student began to very loudly talk all about this patient...stating what was wrong, how the patient reacted to care, jumping out of his seat to imitate the patient & make fun of the way they acted, mentioning the primary nurse's name

Aside from the HIPAA issue..has he exhibited that type of behavior before? It's bizarre in the extreme, not just inappropriate, especially from a nursing student who presumably wants to successfully complete nursing school.

Your instructor's response is unreal when considering the reality that a student nurse jumping into and out of their chair while loudly mocking and mimicking their patient would probably have the whole place viewing the spectacle.

Zelda, if you have concerns such as this one in the future, the setting should be in a meeting where you document your concerns, although as I said it's hard to imagine he/she could not know it already..