Last week I discovered that a spouse of one of my patients has a tape recorder in the room & has been recording staff when they come in the room. The spouse also writes down every single thing we do in the room & has been very accusatory, forgetful, argumentative & agitated towards staff. 3 nurses have seen her with the recorder and the other nurses heard themselves on it when the spouse hit the play button by mistake.
I spoke to a supervisor about this and found out that management is well aware of it yet has done nothing about it. I think its illegal to record us without our knowledge or permission. If this spouse were to take this to court for whatever insane reason, it wouldnt stand most likely. I don't understand the reasoning behind it because there has been nothing to my knowledge to warrant this. The spouse stays 24/7 & is extremely suspicious of everything we do & has made countless complaints & accused staff of not checking on the patient, even though this spouse has assisted with care many many times & watches us like a hawk to the point that its more of a burden than a help.
Also, after talking to the supervisor it was brought to my attention that the spouse has also smacked the patient several times demanding that they get up and walk, talk and eat etc...the patient is the victim of a massive devastating stroke that has taken most of their abilities away from them, making it impossible to return to what was a normal lifestyle 3 months ago. They have done nothing about this alleged smacking either except threaten the family with a call to DSS. I thought that if they knew of "abuse" it was to be reported immediately to a higher power...even it was just suspected abuse. This spouse has done this in front of 3 different staff members according to the supervisor.
My question is this, is it legal for this spouse to be recording us? When I go in the room I don't ever go alone...none of us do. I document every single time I go in and what I've done etc. I just don't appreciate being recorded with no good reason and without my permission. Should management not have stepped in and did something about this privacy violation to its staff? Are nurses (and c.n.a's) not supposed to have some type of privacy protection in their place of employment?
Please note, all the spouses accusations and complaints prior have been unfounded according to the supervisor I spoke with.
Specializes in L&D, Antepartum, Adult Critical Care.
As far as the taping goes get Risk Management/Legal Dept involved ASAP. They need to be notified immediately. Thhey will advise you how to prceed or take over. Thy are looking to sue down the line. It is wise that none of you provide care alone. DOCUMENT DOCUMENT DOCUMENT.
If you see abuse you are a mandated reporter. Get Social Services, APS, Tthe police, etc. involved immediately. I know you haven't witnessed it as of yet but if this truly happening and others haven't gotten the proper authorities involved it is shameful. A big part of our job is advocating for those who can't advocate for themselves. This woman is in such a vulnerable position. Pls step up and do the right thing for her. I would also not leave him in the room alone with her either. God knows what he does when no one is around. Do thorough skin assessment for bruising, burns, etc.
I agree with this entire post. I will also add that you have the right to refuse care to this patient. You also have the right to state loudly upon entering the room that you do not consent to being recorded in audio or video and if done it is in violation of your privacy.
Specializes in L&D, Antepartum, Adult Critical Care.
Let me add a short story. Often in L&D visitors want to film. They must ask the people in the room for permission to do so. I was involved in a situation where the Daddy was told not film the actual birth but could do so afterwards. He had placed his video phone in his pocket while it was still on. The infant coded and I was the first responder. In debriefing afterwards, the attending physician alleged that I did not notify her of the situation and did not ask for help (there was great delay in getting assistance, none came from those present in the room).
In this case, it was fortunate the Dad had this recording which he did not delay presenting it to my nurse manager. It clearly showed where I stated, several times, "I need help here..." and I could clearly hear everything I said. Maybe I was too calm?
You are right in that nurses are mandated to report abuse...however, in many states, spousal abuse falls into that big grey area of "the battered spouse has to be the one to file the charges." That means that while you can call CPS for child abuse and adult protective services for elder abuse, you can't call the cops and report the spouse for abuse without the patient's go-ahead.. That doesn't mean you shouldn't advocate for the patient's safety as much as you legally can, though...because you definitely should! But keep in mind that in the end, the patient has to be the one who wants to take legal action.
As far as being recorded...I work in a psych facility, so I'm used to being filmed as it is :) As long as you are acting professionally and in the scope of your practice--then while being recorded without your consent is annoying, you shouldn't have anything to worry about. I definitely would let your NM, Risk Management and HIPAA compliance people know they're doing this though, and like everyone else says, thoroughly document everything.
I would wager, the fact that the spouse being abused is totally disabled would change the reporting...
Something is not kosher here. Is anyone else reading between the lines here? The "spouse" (whatever gender) is abusing the patient, and looking for anything/anyone to place blame on.
Also (I embarrassingly do not know specific regulations) but if a spouse is incapable of filing a complaint (as it ses this one is) isn't the mandated reporter required to advocate for the patient?
If you know that someone isbeing abused, you can lose your license if you do not report it. Abuse, suspected or otherwise, must be reported to the administrator. And also, document that you reported it, document when you are being recorded and I totally agree with the person that said to say you do not consent to being recorded when you enter the room.
My state is on that list and there have recently been several LTC facilities that have had staff busted for abuse and neglect. My place told us to assume we are being recorded. The family or resident doesn't even have to inform the facility that there is a recording going on.
Amparo Pagan Titmus, MSN, RN
39 Posts
I agree with this entire post. I will also add that you have the right to refuse care to this patient. You also have the right to state loudly upon entering the room that you do not consent to being recorded in audio or video and if done it is in violation of your privacy.
Get 'em!