I was reported for something I didnt actually do. Help.

Nurses HIPAA

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hi, first post on here so please bear with me. My stomach has been in knots for the entire day... Ok so here:

I started nursing school this year and have been doing AMAZING. I study, I do my work, I do well on exams, I ask questions if I do not know something, I take constructive criticism well, etc. I started clinicals a few weeks ago and was doing great, got great weekly reviews and so on. Then, my instructor was replaced by an old school instructor who everyone has feared and hated since she has worked there. Us new students have heard stories about her.

Anyway, she is a psych nurse, knows her stuff, is very informative, but is so mean spirited and condescending to me that I literally have knots in my stomach. Anyway, she has been consistently telling me I am unsafe... I don't see it. I've asked peers and staff members of the facility I'm at and they said it's false. So I've kind of put up with it until last week, she yet agai insisted on embarrassing me in front of people and really for no reason. I want to do well, I like to do well, I work hard, but when I do something as little as look away for a split second, she claps in my face and says I'm "like an autistic child" who likes shiny things and gets distracted easily.

Anyway, our first instructor told us we could make copies of charts and black patient info our (for assignments and care plans,etc) but yesterday out of habit, like I've done with my friends in class where we take a picture of a handout we got in lecture and send to the other ones to make sure we all have everything we need, I took my phone out at clinical while looking at a patients chart I had, DID NOT take a picture but admit I first by habit was going to, then put it away after a split second (I'm not that stupid) and made copies and covered the patients info.

Today I got called by my school director for a meeting. I wasn't allowed to go to clinical because the instructor who I swear is all over my butt for everything, told the director I took a photo of a chart. I %100 did not, but iof course admitted that yes I took my phone out by habit. Then realized oh crap, not lecture right now! Hipaa! I even had the copies I made along with the assignment that was due corresponding to the copies that I made and handed them over, but I have the sickest feeling in my stomach I've honestly ever had. If it were any other instructor I wouldn't be worried. I was about to make a huge mistake and then snapped out of it, I know better. Is this something I can be dismissed over?

Also, the instructor never came to me about it- I was honest with the director because I have nothing to lie about, but I feel like it has almost been a shot at sabotaging me. I have remained mature in the entire "communication" problem with this teacher, spoken to her, asked her what I can be doing to help myself, to no avail. She refuses to even speak like adults. I have had her laugh in my face and mock what I say so I have just been taking it. Plus anymore details on this woman's personality belongs on another thread.

i am more concerned with how I feel like I am guilty until proven innocent. Does anyone know what I should do? I've told the truth how this fifteen seconds happened, I'm not sure what else to do.:yawn:

Specializes in Cardiac/Tele.

Sounds like some hospitals and schools allow clinical-related phone use, and some do not. Whether you agree with either stance or not, that's just the nature of the field right now. So, sounds like OP would have to defer to their school's policy on this one. Schools that do allow/require smartphones during clinicals for drug references, etc. are very straightforward about it up front, and those that prohibit phones on site make that policy pretty obvious as well. It wouldn't matter if a CI allowed/encouraged cell phone use if the school has a policy against it; you'd still be responsible for violating policy. OP, we've heard how your CIs have felt, but what's your school's policy?

Specializes in psych, addictions, hospice, education.

and, what's the facility's policy for students?

Specializes in Emergency, Telemetry, Transplant.
and, what's the facility's policy for students?

Good point. Our ED's Press Gainey reports have included comments from patients about "how unprofessional it is to see nurses on their cell phones" (even though the pt. has no idea why that nurse is using his/her phone). We had a patient file a formal complaint that he sure a certain nurse was taking pictures of him while he was in the ED for treatment. I'm quite confident that the nurse was not taking his picture, but that was his perception of the situation. Now imagine that it is a violent paranoid schizophrenic who thinks a nurse is taking his/her photo.

Our nurses cannot have their phones out (even for a legitimate reason) because it looks bad and it undermines the professional image of our department. Why, then, should students be allowed to have them out? Even the rationale of "the school wants students to text the CI when meds are due" does not supersede the policies of the facilities and the unit regarding cell phone use.

Also, if a student is seen taking a picture, I can guarantee a staff member would report them to the students CI (and possibly to security as well). The hospital cannot risk some sort of a privacy breach. Even if the picture was innocent and within school policy, it is now on the school, and therefore, ultimately on the student, to prove that no harm was done.

Specializes in Psych ICU, addictions.
But the OP said in an earlier post that cell phones are allowed in her clinical site and students are required to text the CI at certain times. A lot of hospitals are "getting with the times" and allowing phone use if its work related. They were allowed in my school and the hospitals I went to for clinicals.

I read the OP's two posts and didn't see that in either one of their posts. I think you've confused the OP with someone else.

The OP's got to answer to THEIR school's policy regarding cell phones--doesn't matter what any other school or hospital does about them. Apparently they were concerned that OP took a picture of PHI, and if the OP was seen at clinical with their phone out, it's a valid presumption.

Unfortunately for the OP, OP doesn't really have a way to prove beyond all doubt that they didn't take that picture--just because a photo isn't found on a phone doesn't mean it never was on the phone, because photos can be deleted and not everything syncs to a cloud. It's pretty much down to just OP's word that they didn't do it.

Specializes in 15 years in ICU, 22 years in PACU.

Cell phone usage in clinical areas can lead to very unintended consequences. Know your school's policies and adhere to them until you graduate.

A few years ago a Kansas City nursing student posted a picture of a patient's placenta on her Facebook page. No identifying information was in the picture but the nurse was almost ejected from the nursing program for violation of patient privacy and just plain poor judgement reflecting badly on the school.

Judge overturns nursing student's dismissal for Facebook photo of placenta | The Columbus Dispatch

Specializes in None yet..
Good point. Our ED's Press Gainey reports have included comments from patients about "how unprofessional it is to see nurses on their cell phones" (even though the pt. has no idea why that nurse is using his/her phone). We had a patient file a formal complaint that he sure a certain nurse was taking pictures of him while he was in the ED for treatment. I'm quite confident that the nurse was not taking his picture, but that was his perception of the situation. Now imagine that it is a violent paranoid schizophrenic who thinks a nurse is taking his/her photo.

Our nurses cannot have their phones out (even for a legitimate reason) because it looks bad and it undermines the professional image of our department. Why, then, should students be allowed to have them out? Even the rationale of "the school wants students to text the CI when meds are due" does not supersede the policies of the facilities and the unit regarding cell phone use.

Also, if a student is seen taking a picture, I can guarantee a staff member would report them to the students CI (and possibly to security as well). The hospital cannot risk some sort of a privacy breach. Even if the picture was innocent and within school policy, it is now on the school, and therefore, ultimately on the student, to prove that no harm was done.

Patient perception is exactly the reason why the hospitals where we do clinicals and our school does not allow cell phone use during clinicals. We can us a cell phone if we're on a break and not visible to the public.

Frankly, I was a little shocked to hear OP's school permits printing out patient charts and then redacting them. We aren't permitted to do that, notes only without any identifying information. It seems to me that there's an even bigger potential for HIPPA violations in doing that.

Hi,

I know how you feel, I been there! Now, important thing is to calm down, take a deep breath.

You are not a nurse yet, right? You are student?! So, it means you are learning!!! No one expects you to know it all already.

Clinicals is learning experience, right?

What is in your syllabus, criteria and so on. Read it all carefully!

What is the expectations? What is the cause for student dismissal?

Also do you have written feedback from her - what could you do better, what she would advice you, what is your weakness, what do you need to work on and some sort of plan or help offered? Usually as a teacher this is what again - usually - should be done before sinking someone in clinicals. Now, you would need this to verify in your class. Is there someone in office who could tell you? Can you make an appointment with someone who could tell you?

Your first goal is to survive! She is not going to follow you whole your life.

You did right thing not to lie, you did not take a picture, you said you almost made a mistake but you prevented it and you learnt from it. Now I would have question why the professor did not ask you right there on the spot, but she never mentioned it to you, but went to the director? You could have prove her right there you did not take a picture. In my opinion she mishandled it, not giving you option to come out clean right there and she is trying to create way bigger problem. Then just give you feedback, notice, (yes embarrass you in front of classmates - well it really does not matter, no one will remember later). But she was silent and went to director... I see that as an problem on her part. Because if she would have let you take a pictures and left hospital... then she is a complice in hippa violation! Ha!!!

There is no proof her accusations are true, however there might be policy saying you can't have cell phone with you during clinicals and so on. What does your policy say? Is it reason for your dismissal? Or just for probation sort of thing, written notice or so?

So I would be nice and just nicely, calmly ask. I might have even send and email to the director saying, that I was surprised and shocked to be called to her office you were not aware of any issue, so when you think about that scenario now, you are just wondering why did teacher did not say something right there, and that you could have just show her and proof yourself innocent. And when you think about it... if you would have taken the picture, and she did not intervene, then you think she would be hypothetically same guilty of hippa violation (but you di not take a picture). So that actually says that teacher did not really did not do right thing, or did not really think you took picture or violate hippa. However you think it was great learning experience and it could have been handled in positive way, the class could have discuss it rihght there in the spot as of what could be possible ways of hippa violations and how to prevent it, and this teaching opportunity was missed, and you do not think it is appropriatetelly handled this way. That you feel like (set up? scared? unjustly treated? you fill what you think), since you were not aware of this accusation till now. However you are eager to learn from this and continue to improve and be the best nurse you possibly could be. And you volunteer on working out hippa policy handbook for your class as it could be valuable to prevent accidents in future. Also you would like to know if there is a chance to make this missed rotations with different group?

Work this out: There might be problem with missed clinicals. You may try to make it up with other group once this is resolved.

I would not joke anymore, I would just do what has to be done, I would let her yell at me, say all sort of disgusting things she say, do not react, just nod to her, but do not let her thrive on your suffering, ask her, how better should have you done it. Do not argue even if she says nonsense as you need to survive this semester.

Start writing every day after your clinicals - date, situation, scenario who was there and how did she treat you - what did she said to you, call you autistic child who likes all shiny and so on... ask your classmate - did you hear what she told me? Get witness.

few such and occasions... she is going to make you a service herself.

Then you send her email, that you are trying your best, you are seeking her help, but you seem there is some issue with communication, that you feel treated certain way that does not make you feel comfortable and if there is something you have done wrong and cause it, or what could you do to improve.

If she continues treating you the way she does, you have enough material for formal complaint if you decide you or if you do not have any other choice. You just do not make any mistake - the medical, or personal... bad words, unacceptable behavior... etc. And remember she is teacher, if you ask her for help, she has to help you. If you are not sure about something, medications, patient handling... go to her and tell her. She can't hold it against you. SHE CAN'T!!! left feelings aside, ask for help and if she acts unprofessionally - here we go, more evidence for your little journal.

She is clearly bully with psych issues herself (I would have few diagnoses on my mind regarding her) if she treats you and talks to you like this. It is just plain wrong, mean and unprofessional. It is not game "what mental disease you resemble" to call you autistic. Is is actually laughing at autistic children... again baaaaad. But sad as it is in those cases most likely she is going to say "oh ha ha ha it was joke, she did not understand. Or oh it is misunderstanding, she is misinterpreting it." That's why you need few such instances and exactly word to word with witnesses.

This instructor sounds like old crow, which unfortunately they do flock in nursing industry in large numbers. Great first opportunity to learn how to deal with them! Don't let them give you those knots in stomach, and do not give them importance. You can't change them, you can't accept their gift of trauma neither. Just give them polite smile hi, bye, and nothing more beside it. They are nothing. And things will improve! Hang on there.

And update us. I keep finger crossed!

First rule they teach you in nursing school? Do no harm. Second rule? CYA, which = Cover Your ---!

What you need to do is start CYA and start it now. Yes, you messed up with the cell phone thing. I hope they didn't decide to suspend you over it. But even if they did, chances are you'll one day find yourself in a situation where you've got a bad clinical instructor again and you'll need this information.

When somebody is being verbally abusive to you, you have got to start making a case for it as early as possible. I'd let one thing slide, but the second time I noticed somebody doing this to me, I'd tag it as a pattern and start documenting, documenting, documenting. Anything she does, you need to write it down. Date, time, location, her exact words, and people who witnessed it. Look around and notice who was watching, who heard it, etc. When you get home from clinical, write it all out in an e-mail and send that e-mail to somebody. Keep it completely objective -- no emotions, just exactly what happened. You need to send it so that there are time stamps on each of them. This will be your proof that you are not just making everything up if she tries to take action against you later.

Whether you pass clinical or don't is very subjective, and it's all up to your clinical instructor. This woman sounds very nasty and like a real piece of work, so you need to be making a case for yourself all along. Not against her, FOR YOU. That needs to be your attitude. Keep copies of all of the clinical work you turn in. Be pristine. You may have to ask another professor to look over the paperwork later (if the nasty psych instructor tries to fail you based on it, you'll need an objective second opinion).

There was just recently on this board a case where a girl had done extremely well throughout her entire nursing program, but her last semester she had one clinical instructor who targeted her and harassed her the entire semester. The girl did everything she could to put the brakes on the bad situation, but the clinical instructor beat her to the punch; she reported her as unsafe to the director, and even though the girl had people who'd speak up on her behalf, she was given a failing grade by her school. By the time the girl realized what was happening, it was too late for her to build a case for herself based on anything but her word vs the professor's, and I'm not sure what she ever ended up doing. Don't let your professor do that to you.

Specializes in Emergency, Telemetry, Transplant.
Frankly, I was a little shocked to hear OP's school permits printing out patient charts and then redacting them. We aren't permitted to do that, notes only without any identifying information. It seems to me that there's an even bigger potential for HIPPA violations in doing that.

We were allow to print chart data out and 'black out' the name and take it with us. Our instructors scared the life out of us in terms of making sure every identifying mark was actually blacked out (i.e., kicked out of the program if it was not)--with good reason. The exception to this was psych--we were never allow to take any pieces of a psych chart out of the facility….blacked out or not.

Specializes in Mental Health, Emergency, Surgical.

I really feel for you but it was a BIG mistake to accuse the CI of being passive-aggressive. She has the power and regardless of if that is wrong or right, you need to stay on her good side. I don't know anyone who would get past a student being snarky at them. If she is an old cow, even more so. Career suicide!

Hopefully this blows over but from now on, be really careful to cover yourself in every way. Keep your head down and think about the ramifications of everything you do. It is common for students to be blindsided for something they didn't have the experience or insight to understand was wrong.

It will come down to what the policy of the college, hospital and unit is. If a psych unit, I don't see how cameras could be allowed. If the policies are against you, it might not matter how good your intentions were or that you didn't take the photo.

If you do make it through (and I pray you do get that chance), here is some advice.

Students who are intelligent, get good grades (and may be perfectionists) sometimes don't keep their heads down. They tend to want people to understand how much they know, how well they're doing, and be impressed with their progress. I had a bit of this in me and have also seen it time and again. This more often than not plays against you. Nobody likes a know it all, especially when students don't and can't know any of the actual important stuff. So my advice is that you don't need to prove yourself, you just need to make it through your course. Doing anything that gets you singled out is going to work against you.

Unfortunately this woman has made up her mind about you. Now you just need to work around her "attitude" and ditch as much pride as you can. Try to blend in and make it through rather than proving her wrong about you. It's your only workable option.

Specializes in Psych ICU, addictions.

Unfortunately this woman has made up her mind about you. Now you just need to work around her "attitude" and ditch as much pride as you can. Try to blend in and make it through rather than proving her wrong about you. It's your only workable option.

Agreed. Life is not fair. Neither is nursing school.

Your focus needs to be on surviving the class intact, not to show her up or prove to anyone you're right and she's wrong. Suck it up and do whatever you need to to get through this. She won't be your CI forever.

And leave your cell phone in the car. If you must have with you, keep it off of the floor and leave it in your bag in the break room. Even if you get off the hook this time, I can guarantee that your school will not be as understanding should you have another memory lapse and get caught with it out again...and I'm sure your CI would love to be the one who catches you with it.

Specializes in ER.

And, I don't believe anyone who states that they use their phones mainly for looking up drugs. For most people they are a distraction, with us covertly checking our Facebook or to see if anyone noticed our witty post on Allnurses!:writing:

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