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

fergus51 · Mar 23, 2005

I think it's inexcusable for nurses to go public about patients without their consent or the consent of their decision makers. It is completely unprofessional.

Plagueis · Mar 23, 2005

I'm still a pre-nursing student, but I was surprised to see a nurse on one of the news channels yesterday talking about Terri's care. I thought that was unethical unless consent was given. (Who gave her permission? The channel didn't say.) I think the nurse is thinking about a possible six-figure book deal instead of her patient's confidentiality.

James Huffman · Mar 23, 2005

I think the nurse is thinking about a possible six-figure book deal instead of her patient's confidentiality.

Did the nurse say this, or are you making an assumption?

Jim Huffman, RN

LydiaNN · Mar 23, 2005

I am so tired of hearing about this Terry. I agree with the first respondent to speak about a present resident or former resident is just wrong wrong and people need to check them selves on being so willing to tell someone else's story. When I here about all the publicity this case has gotten it upset me because of the recent Medicare issue. There trying to stop Medicare for all and how many people will that effect and they wasting tax dollars voting on a woman's life who preauthorized herself to die if this ever happened. So I dont understand what all the hooplaa is all about. In my opinion I think she should be removed from the tube feeding, take a look at her quality of life her parents need to let go. I know its a very touchy and undecisive situation but we as nurses deal with death and sickness every day. I have said a prayer for this lady every since i first heard about her while I was still in nursing school. I mean if her parents really believe that one day she'll snap out of it with absolutly no brain activity that may need to be evaulated next.

I don't understand what you're getting at. What does this case have to do with Meidcaid changes? And what do you mean, that they're trying to end it for all? The changes were proposing $60 billion in cuts over 10 years, so they weren't insignificant, but that only represented roughly 15% of the total Meidcaid budget. This is all moot anyway, since the Senate voted AGAINST the proposed changes last week. States are still grappling mightily with proposed changes, and in my state, there will definitely be people who lose their elligibility should those changes be approved, but it will still be the primary means of coverage for people living below the poverty level. You don't seem to have your facts straight about Medicaid or Terri Schiavo. "Pre-authorize herself to die"? I've never heard a living will or an advanced directive described that way, but since she had neither, it doesn't matter. And her parents have never said anything to indicate that they believe "she'll snap out of it". IMHO, they may be misguided in believing that she'll ever improve, but they still obviously feel that she has enough quality of life to sustain. As for why so many people choose to weigh in on this situation, I can't speak for the other posters in this thread, but I participate because it is a topical subject of interest to me, and I enjoy hearing the views of others. If I was sick of it, I would stick to other threads. There are only hundreds and hundreds from which to choose.

Tnichelle · Mar 23, 2005

No one is trying to "stop Medicare for all" . . . there are some definite changes but not stopping it. Medicaid is paying for Terri's monthly expenses. Terri didn't "preauthorize herself to die" legally and THAT is what all the hoopla is about. Her parents have one opinion of her wishes and her husband has another but no one really knows. Her parents don't believe that one day "she'll snap out of it" but do think there is some rehab potential that was lost, they do not want her to be actively put to death and think that she should be able to have more rehab as there is some controversy over whether Michael didn't allow her to have even normal nursing care. She doesn't have "absolutly (sic) no brain activity".
And if you are "tired of hearing about this Terry" (sic) . . .then stop reading about her and turn the channel.
steph

first off everyone is entitled to their personal opinion. number one her husband is her autorized party starting the day she got sick. her parents need to accept that. your right there is not legal document stating directly of her wishes to starve to death I admit that's a bit harsh. but her husband should know best of what she would want. I dont care what any of you people say no one wants to be in a vegetative stage for ten years and everyone fighting in courts day in and day out and she is never going to improve. a doctor was quoted saying that her brain activity has ceased so I'm not sure what that means to you but to me it means no adquate brain activity. bottom line her parents to let go. the point I was trying to make in reference to Medicare is that there is a bigger problem out here that needs the same amount of attention and protest.

BBFRN, BSN, PhD · Mar 23, 2005

I am so tired of hearing about this Terry. I agree with the first respondent to speak about a present resident or former resident is just wrong wrong and people need to check them selves on being so willing to tell someone else's story. When I here about all the publicity this case has gotten it upset me because of the recent Medicare issue. There trying to stop Medicare for all and how many people will that effect and they wasting tax dollars voting on a woman's life who preauthorized herself to die if this ever happened. So I dont understand what all the hooplaa is all about. In my opinion I think she should be removed from the tube feeding, take a look at her quality of life her parents need to let go. I know its a very touchy and undecisive situation but we as nurses deal with death and sickness every day. I have said a prayer for this lady every since i first heard about her while I was still in nursing school. I mean if her parents really believe that one day she'll snap out of it with absolutly no brain activity that may need to be evaulated next.

If she absolutely no brain activity, she wouldn't be alive. :stone

mattsmom81 · Mar 23, 2005

I think it's inexcusable for nurses to go public about patients without their consent or the consent of their decision makers. It is completely unprofessional.

Me too Fergus ITA. I was horrified to hear her nurses publicly commenting; and this whole sad situation is beginning to sound more and more like a Jerry Springer episode to me.

UnewmeB4 · Mar 23, 2005

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

Just as you say...in one "word" HIPPA

UnewmeB4 · Mar 23, 2005

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

NO, read the court reports. THEY encouraged him to date other women. He even introduced the women he dated to them. They all got along...BEFORE the lawsuit...which was against the OB who was treating her as they were trying to get pregnant(which, according to court documents, her parents were unaware of).

UnewmeB4 · Mar 23, 2005

Me too Fergus ITA. I was horrified to hear her nurses publicly commenting; and this whole sad situation is beginning to sound more and more like a Jerry Springer episode to me.

Best analogy I have heard!

Puts NURSES in a VERY BAD LIGHT!

Plagueis · Mar 23, 2005

Did the nurse say this, or are you making an assumption?
Jim Huffman, RN

The nurse did not say anything about any deals, but I've seen many people in the past "come forward" with information, and then end up getting some kind of monetary deal later on. (i.e. Amber Frey;Scott Petersen's sister.) That kind of bothers me, plus the fact that we never heard from the nurse before about Terri makes me wonder.

ScarlettRN · Mar 23, 2005

I'm not saying they actually have a release form. Obviously I don't know. But, if they do have it, it's legal, at least under HIPAA.
HIPAA doesn't specifiy what form the disclosure has to take. It only specifies that you need the consent form to do it.
For all we know, maybe they have a consent form.

I am pretty sure they didn't have a consent form, as Michael is her legal guardian.

If they went thru the proper chain of command and the allegations were investigated by the police, and not found to be what they thought were needle marks, then the issue is done. Going public with allegations that were proven false at the time they were made is just being a publicity hound.