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.
Specializes in Med-Surg, Critical Care, Public Health.
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.
The lawyer would take her money and run. Bad advice. If she willfully withheld information from the application, especially if it asked about any mental disorder, she has no legal ground to stand on. That is considered misleading or even fraud. Face book is like a public record, and anyone can have access. If she wanted to keep her mental condition a secret, she should not have mentioned it on face book. (If it is true)
Remember, the school also have a lawyer of their own that they consult with, and the dean would not have made such a decision on blind faith.
She should not be prevented from attending another school. If that happens, that is when a lawyer will be necessary.
I was not required by law to disclose that I have a mental health disorder to the school or the hospital. I am protected under the ADA law. I have not hidden the fact that I have a mental disorder from the school. Heck, I receive vocational rehab through the school due to the mental health disorder. So there was no lying on an application or withholding information from anyone!
As far as charged with breaking HIPPA, I was cleared by the school of any wrong doing. The dean was provided no proof of a violation, and when given access to my Facebook page, she could find no violations. As far as the college is concerned, I broke no rules, laws or policies, which is why I am still in the nursing program at my college.
The decision made by the hospital to not allow me back to their facility was made on their claim that I broke HIPPA laws, of which, the school found no proof!
I'm confused how I can be cleared of any wrong doing by my school but still be banned from this local hospital based on no proof.
This is the drawback of social networking. When people cannot be discrete and leave personal information to themselves than voluntarily exposing oneself unknowingly becoming their own worst enemy.
Unfortunately, it's already out there. Perhaps, lessons learned from this unfotunate event must make you more aware of what you want to express next time.
Discrimination or not, you will be better served by dropping the subject. Do not create anymore stir as it may back fire. You have a long career, don't burn bridges.
You know, James, this whole story just smells like there is something else going on. There are too many disconnects.
Ok. #1 - The hospital says HIPPA violation but they cannot produce evidence. What's up with that?
#2 - Then your Dean says, oh, no HIPPA violation but we do see here that last October you stated that you were bipolar.
A+B does not equal C.
Personally, I don't think there was ever a HIPPA violation. I think someone, somehow clued in the hospital of your statement "Bipolar can make nursing school tough". Well, think about it. If bipolar can make nursing school tough, does that translate to "Bipolar can make taking care Hospital A's patients tough". Do you see how that translation and inference turns your initial statement into something real serious. And then the legal dept at the hospital says, "No way, Jose, can we ever have this nursing student/nurse work for us". If a patient you are taking care of, James, goes down the tubes and dies and the family decides to sue, well your statement just made for a close and shut case and a multimillion dollar payout. And the hospital can't afford that. In our business world of today, your Dean is no way, no how, going to go to bat for you. She does not want to be involved in a lawsuit. Let's say that your Dean insisted with this hospital that you be allowed to continue your clinicals at their hospital. God forbid but something happens to a patient that you are taking care of. Now, not only is the hospital screwed but so is your Dean and your college since she insisted that you cont your clinicals despite the hospital's objections. I am sure you can imagine the headlines that the media will come up with.
At first, I thought this was about discrimination regarding mental health. But it just smelled like something bigger than that. I think it is a hospital covering their butt.
Life's toughest lessons are the ones we grow and learn from but not something we enjoy.
I think i will cancel my Facebook account.
Seriously.
Best wishes, my friend. You will weather this James.
You know, James, this whole story just smells like there is something else going on. There are too many disconnects.
Ok. #1 - The hospital says HIPPA violation but they cannot produce evidence. What's up with that?
#2 - Then your Dean says, oh, no HIPPA violation but we do see here that last October you stated that you were bipolar.
A+B does not equal C.
Personally, I don't think there was ever a HIPPA violation. I think someone, somehow clued in the hospital of your statement "Bipolar can make nursing school tough". Well, think about it. If bipolar can make nursing school tough, does that translate to "Bipolar can make taking care Hospital A's patients tough". Do you see how that translation and inference turns your initial statement into something real serious. And then the legal dept at the hospital says, "No way, Jose, can we ever have this nursing student/nurse work for us". If a patient you are taking care of, James, goes down the tubes and dies and the family decides to sue, well your statement just made for a close and shut case and a multimillion dollar payout. And the hospital can't afford that. In our business world of today, your Dean is no way, no how, going to go to bat for you. She does not want to be involved in a lawsuit. Let's say that your Dean insisted with this hospital that you be allowed to continue your clinicals at their hospital. God forbid but something happens to a patient that you are taking care of. Now, not only is the hospital screwed but so is your Dean and your college since she insisted that you cont your clinicals despite the hospital's objections. I am sure you can imagine the headlines that the media will come up with.
At first, I thought this was about discrimination regarding mental health. But it just smelled like something bigger than that. I think it is a hospital covering their butt.
Life's toughest lessons are the ones we grow and learn from but not something we enjoy.
I think i will cancel my Facebook account.
Seriously.
Best wishes, my friend. You will weather this James.
Jeanne
Thank you Jeanne.
This is exactly how I read the whole situation. You couldn't have stated it better as to what I think is really the reason for what has happened. While I can see why and how the hospital is trying to protect their ass, it is still discrimination as far as I am concerned.
I'd have to say, yes and no, as to whether it is discrimination. I think if you had said, hey, I'm bipolar and the hospital said well, you are not working here, then yes, definitely it would be discrimination and you would have a case. But I think the whole sentence made them nervous. Now when I read your sentence, I think, yeah, it's got to be hard to have the ups and downs and deal with nursing school. At least that is how I interpreted it.
Today James, it is all about the "Almighty Dollar". Any little threat to the sanctity of the "Almighty Dollar" will be eliminated. It is that unfeeling in today's workplace. Not just hospitals but all of corporate America. That is what it has become. So, in a way, I do understand why the hospital would come about to the decision to bar you from doing clinical or working there. Fair? No. Smart on the hospital's part? Sadly, yes.
James, I agree now with others who have said to cut your losses. The hospital, fair or not, has made their decision. And yes, it would really make me angry also. But it is one of those things that are not worth fighting for.
As you move through nursing school and become a nurse and enter the workforce, you will have already learned one of the biggest lessons that many of your colleagues have not learned: keep your personal life close to your chest. Don't share alot. Well, ok, I like sharing with people at work but I have a good sense of what to share and with whom. And even then, someone that you are close to at work can forget that you said, "don't tell a soul". What your co-workers will realize and that you have already learned, is that others can take something you said and turn it into a hornet's nest for you. Now, that makes it sound like working is a horrible thing, however I think that the people who do these types of things are few.
Well, on the bright side, you have had a really painful lesson early on in your career. Yeah, I know, you are saying "Whoo-hoo". :wink2:
Good luck with your studies! And resist the urge to bash the hospital with your nursing school friends.
Well, on the bright side, you have had a really painful lesson early on in your career. Yeah, I know, you are saying "Whoo-hoo". :wink2:
Good luck with your studies! And resist the urge to bash the hospital with your nursing school friends.
Jeanne
Again, thank you Jeanne. You are wise, and sometimes us newbies need that wisdom from those that have been there, done that.
I can assure you that no bashing of said hospital will occur by me or my nursing school friends. None of my classmates know exactly what has happened. They may have ideas or heard rumors, but I did learn from this situation, and I learned quick! When asked by classmates what was going on, I kept it close to my chest and simply told them, "It's all confidential. I cannot discuss it with you" and left it at that.
James, don't worry, I was not insinuating that you had loose lips. I just know that it's very tempting to ventilate to friends/classmates when you've had something really stressful happen to you so I had to throw in my Your answers for your friends are excellent.
my concern is that the hospital has labeled the OP a law breaker.....if/when this gets around, and d/t the fact that the OP has been betrayed once already this is pretty sure to happen, where is he/she to get a job?
Well, that is a good point. I guess if I were in this situation, I would consult a lawyer. Especially since James is being accused of something that the hospital doesn't even have evidence for. There has got to be some kind of legal intervention if this hospital does tell another hospital about their dealings with James. Isn't that slander if the original hospital doesn't even have proof on the "HIPPA violation". I would think that James could sue if the original hospital if they told other hospitals only because their accusation is unsubstantiated.
Morte, do you really think that one hospital administration would forwarn other hospitals? Why would they care? These other hospitals are their competition, why help them out? But I am sure that the nurse recruiters from the various hospitals know each other or network. Or you think others would spread it around to nurse recruitment?
I would like to add, that although you think your classmates know nothing about this...
I was on this site one day, browsing around different topics, and ran accross something that sounded vaguely familiar, VERY vaguely. I went to the poster's profile, and searched all her posts and ran through them. Oh yes, definitely one of my co-workers. What I figured out would be very embarrassing to her, as it was a situation involving the fact that several years ago, she failed NCLEX several times before passing and coming to work at my hospital. She also almost got fired for several mistakes. I've never mentioned anything about it, of course, but I bet she has no idea how easy it was for somebody to find that out. Not to mention a potential future employer.
I am glad you've told this story, though, it's a good heads-up for most of us, about what we post, both here and EVERYWHERE else. It's a good reminder that we cannot even guess how our words could be misconstrued, and nobody wants to be in a position of fighting off something so unfair.
I suggest contacting the admins at FB and see what they recommend.
Good luck with this... going to consider closing my FB account.
Well, that is a good point. I guess if I were in this situation, I would consult a lawyer. Especially since James is being accused of something that the hospital doesn't even have evidence for. There has got to be some kind of legal intervention if this hospital does tell another hospital about their dealings with James. Isn't that slander if the original hospital doesn't even have proof on the "HIPPA violation". I would think that James could sue if the original hospital if they told other hospitals only because their accusation is unsubstantiated.
Morte, do you really think that one hospital administration would forwarn other hospitals? Why would they care? These other hospitals are their competition, why help them out? But I am sure that the nurse recruiters from the various hospitals know each other or network. Or you think others would spread it around to nurse recruitment?
Curious,
Jeanne
many warning have been given on this site, to not "**** off" any other nurse......the word gets around.....the fact that the OP wasnt allowed to finish clinical is going to be pretty well known also.....and the b%$((d that did it in the first place is still "out there" and free to do it again....
Your answers for your friends are excellent.
favflu
34 Posts
The lawyer would take her money and run. Bad advice. If she willfully withheld information from the application, especially if it asked about any mental disorder, she has no legal ground to stand on. That is considered misleading or even fraud. Face book is like a public record, and anyone can have access. If she wanted to keep her mental condition a secret, she should not have mentioned it on face book. (If it is true)
Remember, the school also have a lawyer of their own that they consult with, and the dean would not have made such a decision on blind faith.
She should not be prevented from attending another school. If that happens, that is when a lawyer will be necessary.