I'm not sure if this was posted yet, but this was in the local news for Hawaii. I can't believe someone would do something that terrible to someone who is obviously already suffering.
My question to you nurses and nursing students is: Do you think the penalty was too harsh? Do you think the judge should have been lenient in her case because she is a breastfeeding mother? Please read and comment.
Specializes in Community Health, Med-Surg, Home Health.
I agree; this woman should have thought about it well before breastfeeding her baby became an issue. I am straddling the fence about the prison sentence-most of me feels that she should do time. Curiousity or peer pressure is not acceptable to me. It is not fair to others that she get away with this. The article does not seem to say what this woman does for a living, but the very least, she should never be allowed to work in any health care setting again.
Specializes in Community Health, Med-Surg, Home Health.
It's cases like this that have caused us nurses to have to sit through endless lectures on HIPAA, as well as the relentless continuing education on the topic! For that reason alone I think the violator should be forced to sit in an airless room and view a 1000 hour HIPAA powerpoint with 3 million slides and a multiple choice test that never ends... Wait a minute, we already have to do that!
Yes, we have to think of another form of torture than endless HIPPA films...
I think that the crime should be taken into context. No one was physically harmed. Yes, HIPPA is important. And medical privacy is important. However, drunk drivers who kill people, don't even serve a year in jail, in many areas of the country. It is only recently that prosecutors, were able to put drunk drivers away for a long time.
I just don't think that a HIPPA violation should be punished with jail time. JMHO and my NY $0.02.
I think that the crime should be taken into context. No one was physically harmed. Yes, HIPPA is important. And medical privacy is important. However, drunk drivers who kill people, don't even serve a year in jail, in many areas of the country. It is only recently that prosecutors, were able to put drunk drivers away for a long time.
I just don't think that a HIPPA violation should be punished with jail time. JMHO and my NY $0.02.
Lindarn, RN, BSN, CCRN
Spokane, Washington
at the bottom of the article...she was charged with the felony of illeagally accessing a computor for information....this, i am pretty sure, would have been prosecutable before hipaa.....and we dont know that no one was physically harmed....the patient is dead......was that death hastened by this woman's actions? we dont know...
Specializes in LTC/Rehab,Med/Surg, OB/GYN, Ortho, Neuro.
I saw a news story not long ago where the judge ordered for the defendant (a teen I believe) to stand on a corner wearing a sign addressing the wrong-doing he had done. I don't feel that the year in jail is the correct punishment. Have her stand on the corner of a busy intersection w/ a sign saying "I cannot be trusted with your confidential information."
I definately feel some jail time is in order...but I think a year is excessive. 6 months would be more fair IMO. And of course, she should have to make civil restitution to the family of the victim.
I saw a news story not long ago where the judge ordered for the defendant (a teen I believe) to stand on a corner wearing a sign addressing the wrong-doing he had done. I don't feel that the year in jail is the correct punishment. Have her stand on the corner of a busy intersection w/ a sign saying "I cannot be trusted with your confidential information."
I think that the crime should be taken into context. No one was physically harmed. Yes, HIPPA is important. And medical privacy is important. However, drunk drivers who kill people, don't even serve a year in jail, in many areas of the country. It is only recently that prosecutors, were able to put drunk drivers away for a long time.
I just don't think that a HIPPA violation should be punished with jail time. JMHO and my NY $0.02.
Lindarn, RN, BSN, CCRN
Spokane, Washington
I see your argument, but I disagree.
Yes, drunk driving has been too-leniently treated in many places, and other crimes too harshly treated. But because the benchmark may be wrong in some cases shouldn't constrain sentencing in this crime.
Besides, this can be cited as an argument to more strictly enforce DUI standards. The coin has two sides.
I also think a professional who willfully violates a public trust such as privacy has little to stand on when seeking leniency. Once you give out private information, you bear responsibility for how it is used, and in this case that appears to be maliciously.
There is quite a bit of information missing from this article. I am assuming this happened quite awhile ago to have already had a trial and conviction, possibly in the early stages of the stricter HIPPA laws. I am also assuming that the information was obtained in order to give to the sister-in-law and not to post maliciously possibly with the thought they have a right to know even. Another glaring assumption on my part is she pleaded guilty in order to avoid an even stricter sentence *shrugs*. With these thoughts in mind knowing there are many criminals with worse crimes getting just a year jail time, I would say it is a little strict and possibly pushed through in order to warn of the seriousness of violating HIPPA. The issue of breast feeding shouldn't have a bearing however on the final decision.
It's cases like this that have caused us nurses to have to sit through endless lectures on HIPAA, as well as the relentless continuing education on the topic! For that reason alone I think the violator should be forced to sit in an airless room and view a 1000 hour HIPAA powerpoint with 3 million slides and a multiple choice test that never ends... Wait a minute, we already have to do that!
Okay then, 12 hours a day of HIPAA powerpoints and videos, for 1 year, no days off, and no time off for meals. Tests on HIPAA twice a day, and one essay a week based on research articles.
(Can you tell I'm a beleaguered nursing student?! )
There is quite a bit of information missing from this article. I am assuming this happened quite awhile ago to have already had a trial and conviction, possibly in the early stages of the stricter HIPPA laws. I am also assuming that the information was obtained in order to give to the sister-in-law and not to post maliciously possibly with the thought they have a right to know even. Another glaring assumption on my part is she pleaded guilty in order to avoid an even stricter sentence *shrugs*. With these thoughts in mind knowing there are many criminals with worse crimes getting just a year jail time, I would say it is a little strict and possibly pushed through in order to warn of the seriousness of violating HIPPA. The issue of breast feeding shouldn't have a bearing however on the final decision.
That's a lot of assumptions. :wink2:
I found another article that's a bit more clearer on the maliciousness of her actions.
"She said quote no wonder she's so pale. She's dying of AIDS. Poor thing she has H.I.V. That's why she's hating. And she ends the comment by saying I hope she dies."
The victim did die this past April.
I think that's gone beyond just an invasion of privacy. I hope I never have to work with someone who is this immature and uncaring. I can't imagine this kind of person would be a very good nurse.
)
pagandeva2000, LPN
7,984 Posts
I agree; this woman should have thought about it well before breastfeeding her baby became an issue. I am straddling the fence about the prison sentence-most of me feels that she should do time. Curiousity or peer pressure is not acceptable to me. It is not fair to others that she get away with this. The article does not seem to say what this woman does for a living, but the very least, she should never be allowed to work in any health care setting again.