In need of advice- discrimination???

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This might be long, but please read.

I am a nursing student in a RN program. I was doing clinical at one of the local hospitals recently. I was summoned to a meeting with the dean of nursing at my college to discuss an issue that was brought to her attention by this hospital. Apparently the hospital claims that I posted patient information to my Facebook account, which I had not done. I asked the dean of nursing what proof the hospital had provided to support their claim that I broke HIPPA. The dean said that she asked the hospital for proof, but they said they could not provide any. To show that I had nothing to hide, I let the dean go through my Facebook page where she found no wrong doing on my part. After this, she said the hospital provided one bit of information from my Facebook page. It was a status update from October where I mentioned I had bipolar disorder. The hospital has banned me from ever doing clinical at their site again, and I'm guessing I can pretty much rule that hospital out as a future employer, as well as any of their local clinics.

Now, to me, this seems like a blatant case of discrimination based on my mental health status, and many others feel the same way.

Now, my question is, what should I do about this?

My father talked to a local nurse who said this could become a big problem for me even outside of this particular hospital. She said I should write a response to their claims, and demand that it be placed in my personnel file at this hospital. I don't know if that is the right path to take or not.

I don't want to be labeled as a person that broke HIPPA policy, but I also don't want to be discriminated against in the future do to my mental health status.

Can some one help me out??

Thanks

Specializes in jack of all trades.

You can contact the EEOC related to ADA. On thier site you can request to be contacted for a review prior to making an official complaint. No lawyer involvement. Your information is held entirely confidential and they will investigate to see if there is "discriminatory practice". One thing I've always hated about the nursing/medical field is we dont seem to take care of our own in relation to mental health or ada issues. Personally, I would do all I could to find out and if legit then go for it as you could open doors for others with the same issues.

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This is why everyone needs to set their Facebook status to private; that way no one

can see what you post on there, except for friends that you have added.

Prospective employers, these days, are looking up candidates' Facebook and MySpace pages to see what is on them.

Or better yet.... Not have a facebook.. sure has saved me a lot of headaches.

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Specializes in Telemetry/Cardiac Floor.

This is why I want my husband to get rid of his facebook account.:down:

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Specializes in Gyn/STD clinic tech.

did you disclose your mental health issues prior to entering nursing school?

i do suffer from bi polar disorder, but i am stable and doing well, and have been for 10+ years. i did disclose my mental health issues, medications, as well as a report from my doctor stating that i was stable and able to handle the demands of nursing school.

i recall that my 'medical form' for ns had a place where you were supposed to place mental health conditions, or other communicable diseases.. did your school have this? did you disclose your issues.

not disclosing your mental health issues can get you dropped from programs, not sure about clinical sites though.

i definitely advise seeking legal advice.

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Specializes in psych, addictions, hospice, education.

I'm wondering if the dean of your school can intervene for you, with the facility??

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This might be long, but please read.

I am a nursing student in a RN program. I was doing clinical at one of the local hospitals recently. I was summoned to a meeting with the dean of nursing at my college to discuss an issue that was brought to her attention by this hospital. Apparently the hospital claims that I posted patient information to my Facebook account, which I had not done. I asked the dean of nursing what proof the hospital had provided to support their claim that I broke HIPPA. The dean said that she asked the hospital for proof, but they said they could not provide any. To show that I had nothing to hide, I let the dean go through my Facebook page where she found no wrong doing on my part. After this, she said the hospital provided one bit of information from my Facebook page. It was a status update from October where I mentioned I had bipolar disorder. The hospital has banned me from ever doing clinical at their site again, and I'm guessing I can pretty much rule that hospital out as a future employer, as well as any of their local clinics.

Now, to me, this seems like a blatant case of discrimination based on my mental health status, and many others feel the same way.

Now, my question is, what should I do about this?

My father talked to a local nurse who said this could become a big problem for me even outside of this particular hospital. She said I should write a response to their claims, and demand that it be placed in my personnel file at this hospital. I don't know if that is the right path to take or not.

I don't want to be labeled as a person that broke HIPPA policy, but I also don't want to be discriminated against in the future do to my mental health status.

Can some one help me out??

Thanks

Well, I don't know why you would want to post such private matter on the web for all the world to see, and I hope you will never do that again, James. It's just not smart, as you can see.

Next, I did not know that posting info about yourself was a HIPAA violation. Since when can't a person blab his personal all over the world if he wants to? :confused:

Next, get a lawyer. You need information and a plan of attack. You have been blackballed at this one hospital so what makes you think you'd not be at others? Hospitals, you would hope, would be bastions of openmindedness and educated persons would abound, you would think. Sad that it seems they are just like everyplace and everyone else - conscious of how they look to others, small-minded, old-fashioned, conservative, just not cutting edge or hip at all. Are you sure that one little quote was all you said? You didn't add that you were a nursing student doing clinicals at ABD Hospital? Doing so would sort of leave them on the defensive, I can see, although I don't necessarily think they needed to be freaked out.

It will all be ok, James. Let the world take a couple of spins and I hope things will settle down but don't go on the web and say anything ever again about yourself if you want to avoid this risk.

Also, I think you have a doozy of a lawsuit. Check it out.

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I just want to clarify that my Facebook page was set to private. Someone on my friend's list would have had to given the hospital access to my account.

You've learned another hard lesson, James; betrayal; however innocently, you have been betrayed.

Don't worry, it might look bleak now but I think you'll be fine. Just don't discuss your personal business with anyone but your dog - after you sweep his collar for bugs of the electronic sort! :redbeathe

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Specializes in psych, addictions, hospice, education.

I surely hope the one who disclosed your FaceBook to the facility isn't reading all of this! This is nowhere near private either!

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Next, I did not know that posting info about yourself was a HIPAA violation. Since when can't a person blab his personal all over the world if he wants to? :confused:

For the record, posting anything about yourself, your interactions with doctors, your treatment, anything- is NOT a HIPAA violation.

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I would call a lawyer pronto. You need legal advice immediately. I think you have a solid case. The ADA is another call you could make but I would call the lawyer and let them advise you of your next move.

Be careful what you share on FB. I don't have it and never will. It gives too much info and ammo to people with less than honorable intentions as we see here.

I think you will be okay. Keep your lip zipped and follow the advice of your attorney. Sorry this happened to you. Good luck.

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Specializes in Peds/outpatient FP,derm,allergy/private duty.
This might be long, but please read.

I am a nursing student in a RN program. I was doing clinical at one of the local hospitals recently. I was summoned to a meeting with the dean of nursing at my college to discuss an issue that was brought to her attention by this hospital. Apparently the hospital claims that I posted patient information to my Facebook account, which I had not done.

Thanks

If you think they banned you from doing clinicals at their hospital despite the fact that you have high grades in clinical, without specifying exactly HOW you violated HIPAA, (Dean had to call them back for that) via your school, with no meeting, counseling, etc., and that by "patient information" they meant YOU, then yeah, you would have a case for discrimination.

I hope you're able to find out how they accessed your Facebook, but personally I just make the blanket assumption that nothing, except hopefully financial info (because I like online banking and shopping:D) is private. Hopefully you'll be able to get a more complete picture of what happened, and this will just be a tiny bump in the road.

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Specializes in Med-Surg, Critical Care, Public Health.

if you withheld evidence or give false information on an application, it can be grounds for dismissal from the program. It is up to the dean to show some type of discretion. On the other hand, posting information on face book becomes public view. So, if you did that, they have the legal right.

the school should not use the information, to prevent you from pursuing your goal. That is when the lawyer can intervene. Next time be honest because you will have a better chance of legal protection

GOOD LUCK

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