Legality and Ethics of Terri's past nurses talking to the press

Long Term Care Columnist / Guide · Mar 23, 2005

I don't know if it's legal, but I do know it isn't ethical. I think publicly speaking about a patient (or former patient), regardless of how famous, is wrong, wrong, WRONG.

Funny how our society's morals seem to change whenever money is involved. Personally, I think any nurse who divulges information about Terri Schiavo, just for the dough or their 15 minutes of fame, ought to forfeit their licenses.......I mean, why else would they do something like that? :stone

LydiaNN · Mar 23, 2005

The nurses who testify probably are fine legally and ethically, since privilege would have had to be waived by either Michael Schiavo, her guardian ad litum or via court subpoena. Have the other nurses actually divulged HIPAA protected information?

TiffyRN, BSN, PhD · Mar 23, 2005

Legally or ethically? I don't know for sure. What I do know is I saw an interview with one of ther nurses (Ms. Iyer) and I was very unimpressed. Maybe she was having an "off day" but I was having a lot of trouble believing her. This even though I am not convinced of her husband's good character. And it wasn't so much that the things she said were wild, it was her manner. Just not impressed, but that's a personal opinion.

CHATSDALE · Mar 23, 2005

i find this to be unethical and probably illegal...they should be stripped of licenses

ScarlettRN · Mar 23, 2005

I just wondered if the state of Florida has anything in it's nurse practice acts about this situation with regard to speaking to the press.

The court of appeals has ruled to not reinsert the g-tube. I read the report filed by Jay Wolfson and while I am so torn by this whole situation, I simply have to agree with the court. I can't say I am glad. That would be kind of cold.

I am more sick of the emotional hysterics and the allegations of the family than anything else. I wonder if Michael Schiavo will sue for slander? He probably isn't a saint, but according to the report, the Schindler family encouraged him to move on after 4 years of caring for his wife. So he moved on and they didn't like it?

Speculating · Mar 23, 2005

Relax folks it's all out in the open. Most all of her Md's have spoken about her. I think in this case it's important that they speak given the controversy at hand. This has turned into a huge incident in the public opinion forum which will in the long run produce many new laws and policy. Anything to shed light on the issue should be welcomed. Remember we as nurses are pt advocates Terri deserves to have her story told from the "vegetable" aspect by someone not as involved as her parents and husband. This is only my opinion. :coollook:

ScarlettRN · Mar 23, 2005

aha, there were reports of 3 nurses filing affadavits, but the truth will bear out....2 CNAs were lumped by the media as being nurses.

Now I know why no license is in jeopardy.

James Huffman · Mar 23, 2005

I wonder if Michael Schiavo will sue for slander? He probably isn't a saint, but according to the report, the Schindler family encouraged him to move on after 4 years of caring for his wife. So he moved on and they didn't like it?

Michael Schiavo will never sue anyone for slander. Such a suit would then open up his own life, behavior, and nasty mouth to legal scrutiny.

When the Schindler family encouraged Michael Schiavo to "move on," I suspect that that implied divorcing Ms. Schiavo.

Jim Huffman, RN

Sheri257 · Mar 23, 2005

I understand that nurses who took care of Terri Schaivo in the past are now going on some talk show circuits. Is this ethical for us as nurses to do this? Is the license of the nurse in jeapardy for doing this by FL law? Does HIPAA cover this that you all know of?

I don't know about Florida law but, under HIPAA, if they have a signed consent form from the family, then it's legal.

If they don't have a signed consent form, then it's illegal.

:redlight:

Tweety, BSN, RN · Mar 23, 2005

It doesn't sit well with me. Patient care is confidential, unless petitioned by a court of law.

If they think they are helping Terri, they aren't. The media is jumping on this story way too late and it's all old news anyway.

Sheri257 · Mar 23, 2005

It doesn't sit well with me. Patient care is confidential, unless petitioned by a court of law.

Or, unless they have a consent form from the patient/family. That's why you always see doctors holding press conferences when celebrities are in the hospital (like Clinton's recent surgery). They obviously got a release form.

:coollook: