NEED HELP PLEASE!!!

Orca, ADN, ASN, RN · Nov 5, 2009

I posted a picture of a patient with her first name and previous gestation. It was a pic of my coworker holding a baby in her halloween costume that was bought by her that was going home the next day on Halloween.

I'm not sure about HIPAA violations, but I believe that it was bad judgment to have put a picture like this on a personal webpage. This was a picture taken of a patient in a work setting. Think about it: Had this been an adult patient you would probably have never even considered posting the picture on your Facebook page. I wouldn't post pictures taken at work on Facebook - and definitely none of patients. Too many potential liability issues (of course, where I work it's illegal to bring in a camera or cell phone anyway).

I have become friends with the family and actually was given her address and visited her and the baby.

This sounds like far too much personal involvement to me. I have always believed that in order to be effective in our jobs we need to maintain some professional distance. To be certain some patients and families grow on us more than others, but in my opinion this is not a good precedent.

ellakate · Nov 5, 2009

Since no damage was done and you removed the offending image, my advice is to lie low and don't draw any attention to yourself. This will blow over. Consider it a lesson learned and, no matter what, don't talk about it any more. If you carry Liability Insurance, let the carrier know. They can counsel you further.

Purple_Scrubs, BSN, RN · Nov 5, 2009

I think the point of HIPPA is that permission is required to release any information. You had permission, so I do not see the problem. Maybe there is something I am missing though. I am sorry you are going through this hang in there!

savnlil1s · Nov 5, 2009

Thanks for the responses. I truly appreciate it.

Orca, I do agree with you on some level. Maybe I wouldn't have posted a picture of an adult patient but maybe I would have. I wouldn't really know. But since I am a NICU nurse we do bond with babies but particularly their families. I never go out of my way to remain friends outside of work unless they would like to stay in contact with me themselves. With the lenght of time the pt and family is in the unit there is a lot that is learned about eachother. And me being the person I am I don't just say I can not tell you that info, because we are human and parents of preemies are scared and they want to know that we care for their babies like we would our own. While I have been a nurse for over 9 yrs there aren't too many I stay in contact with but I have been proud to attend bday parties and baptisms and be shown off as the angel that saved or took care of their baby. I agree it was a bad judgement call and trust me this is a lesson learned. But now I question, if I had taken this outside of work and posted it with her name and GA is this still wrong? Was is that the pic is taken at work that's wrong or the info that was given? I am not sure.

Centex and Purp, yes this is a lesson learned. I have to go in for a meeting tomorrow with managment and CNA representation. A part of me is not worried as I DID get permission overall. There def was never any intent to cause harm and so with this I don't worry. I am just worried with what else can be brought up that I can get in trouble for that I wasn't sure I could.

Mom is in process of writing a letter that she in fact did give permission. And while this wasn't the kind of letter she intended to write she is including the fact that because of me and my coworkers she has decided to stay with the health ins and is happy to have met us and is finding ways to show her appreciation. SHe is so sweet! She doesn't need to but she wants to. I am a very kind person and very sensitive. I do not open up very easily but when I do I believe there was a reason I was at that moment in time with the baby or mom or siblings, whatever it may be. Anyways thank you soooo much for listening. I rest assure you I will NOT be posting or taking any pictures at my workplace ever again. Yes there is too much liability.

ellakate · Nov 5, 2009

But now I question, if I had taken this outside of work and posted it with her name and GA is this still wrong? Was is that the pic is taken at work that's wrong or the info that was given? I am not sure.

My first reaction is that it is about the hospital's name on the scrub top. You may have violated some rule, because you are a nurse and the picture contained privileged information. I'm not sure at all the issue, to tell you the truth. That is one reason why photos make me nervous. Especially now in the digital age. (But enough about me.)

Hopefully you will be able to get the grievance in writing. If not, ask. If you have a recorder that is inobtrusive, you might record.

This is a pretty innocent error. I have concerns if this is the best that corporate counsel can do with their time.

Orca, ADN, ASN, RN · Nov 5, 2009

I doubt that this is something that will have serious consequences. The hospital will probably issue a warning about it, but I wouldn't expect much more.

You may have violated some rule, because you are a nurse and the picture contained privileged information.

I haven't seen the photo in question so I cannot comment on it specifically, but I can see potential confidentiality issues with pictures taken in the workplace. It would be very easy for confidential information to inadvertently be captured in a photo (patient census boards with diagnoses, patient names on charts lying on the counter, a patient in the background who did not consent to being photographed, etc.). Hospital logos on clothing or employee ID badges also identify the location. Just too many problems, IMO.

savnlil1s · Nov 5, 2009

I spoke with the manager and asked what was to happen since I have never been in something like this before, and she said that a complaint was brought up and at that point she had to reach HR which in then told her to investigate to see if I violated a policy (which at this point, since she said "policy", I believe then yes I did, but I know for a fact I am not the only one who has taken pictures of our babies, maybe the only one who posted it (with permission) lol). Well we will see what course of action will be taken from here on. I will definitely never let this happen to me again.

savnlil1s · Nov 5, 2009

Orca, yes I def agree. Thank you so much for your insight. I am so glad I found this site. Seeeeee if I didn;t get in trouble for this I wouldn't have had to search the web looking for answers and found you guys!! lol. No really thanks. =)

vivacious1healer · Nov 5, 2009

Our hospital fired 2 RNs for posing silly with a mask and diapers over their hospital uniforms (with identifying logos) because it was posted on Facebook.

Administration felt it was "Displaying our hospital in a negative light. And using those materials for anything other than patient care is considered theft."

Soon after we were sent an email from HR warning about posting photos of work or even discussing ' gosh what a bad shift I had!' on the pages. I soon learned that our hospital has their own FB page, and they can look at your page w/o being a friend if you used the company name in the 'employer' section on the Info page.

Block, block and block. And NEVER put a pic of a patient on a web page!

Chapis · Nov 5, 2009

i am not a nurse, but to post a pic of them on my personal page, it's just doesn't make sense or seems right at all, even with permission. sorry to tell you this but really sounds like a very dumb thing to do from your part.

Vito Andolini · Nov 6, 2009

I hope the permission is written. To be honest, I can't imagine why anyone would post on Facebook or other website if there is even the slightest possibility of harm or of violating the employer's policies.

I hope we all remember to never, never, never, never, never do this.

Forget about sharing your own personal info at work, no matter how long you care for a patient. I know it happens, but it is just not advisable.

Good luck.