NP discusses MJ on national TV ????

Published

I just watched CNN and a nurse practioner(she gave her name) was on the phone giving information about Michael Jackson and what he discussed with her and what medication he was given (not by her) for his insomnia. She also talked about when she treated his kids for a cold and what she gave them. Is this legal?? What happened to patient confidentiality?? Can you just go on national TV and discuss a patient because he is dead????

Specializes in Acute Care Psych, DNP Student.

I'm not liking this nurse's actions, but let's play devil's advocate for a minute. Has this information become public knowledge because police referred to their interview with her in court documents? If so, the information is no longer "under wraps." It would be in the public domain.

Like I said, I don't like her actions in the media. But I doubt she's stupid. I'm thinking there might be an explanation we aren't seeing right now.

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From what I have read, and understood from my hospital orientation, it is violating hipaa to give his specific medical information out to the general public. Here is an excerpt concerning Hipaa:

(removed for brevity sake)

She is disclosing information that was obtained from him WHILE she was his active nurse (4 years ago). Specific information relating to him and stating that information to the general public, who has no right to know, unless the information is made public through a court of law.

It is violation of your rights when you are alive. Does a dead person have the rights of Hipaa? How can a dead person sue for his rights to privacy? Who is going to be the plaintiff in the suit?

Again, I repeat I don't approve of her going public with this - it's disrespectful, but legality is a separate matter.

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Specializes in OB, HH, ADMIN, IC, ED, QI.

"she has is np, and works in nutrition counseling. i agree she is really over the edge". quote from alexk49's post

"cherilyn lee, a nurse who worked for" jackson, claims the pop star begged her for the drug" quote from fox news(and she heard him exclaiming in the background about parts of his body being cold, other parts hot hot)

hippa be darned, what that individual (there is no proof that she had any qualifications as a nurse or anything else) neglected to do, was call 911! the first priority when anyone is in such distress, is to get appropriate help for him. any other nurse or even an informed layperson (who wasn't personally, not as professionally involved) with knowledge of the theatrics of someone, would have done that and achieved lifesaving results.

unfortunately survival skills michael jackson learned as a child (manipulative, negative attention seeking behavior) worked to his destruction as an adult. he trusted that a medical professional wouldn't let him succumb, as they hadn't before....... but having the lethal drug in his possession and using it himself (if he did), brought about his demise. he asked, begged, insisted, and shouted his need for psychiatric help - to deaf/incompetent ears.

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Specializes in OB, HH, ADMIN, IC, ED, QI.

"I doubt she's stupid" quote from Multicollinearty's post, above

In my opinion that individual calling herself a nurse, was STUPID!!

Had she not been afraid of falling into disfavor with MJ, she would/should have called 911. What a tragedy that hangers on to stars want to be in harmony with them to stick around, rather than do what's good for them.

She acted no better than any fan club teenager!

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What if the family wanted the information released as a way to help his fans understand the cause of his shocking death? Would that be a HIPAA violation? I'm afraid I'm not too familiar with the specifics of it.

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About that "drug dealing doc to the stars" that was present at MJ's death. One time on another thread a person noted that "TV host fawn all over people that have an MD behind their name when they get them on their shows". I proposed that the reason for this was that they are hoping to get prescriptions off of them. Rich people go to drug dealers that hang out shingles and call themselves doctors. Poor people go to the pusher on the corner. The poor guy and his pusher are more likely to go to jail but in either case they tend to wind up dead a lot.

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Specializes in OB, HH, ADMIN, IC, ED, QI.
What if the family wanted the information released as a way to help his fans understand the cause of his shocking death? Would that be a HIPAA violation? I'm afraid I'm not too familiar with the specifics of it.

That's what showbiz PR staff is for! Nurses should never respond affirmatively to requests such as those........ unless they are representatives at hospitals which authorize them to be a spokesperson. :twocents:

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Specializes in Cardiac.
"I doubt she's stupid" quote from Multicollinearty's post, above

In my opinion that individual calling herself a nurse, was STUPID!!

Had she not been afraid of falling into disfavor with MJ, she would/should have called 911. What a tragedy that hangers on to stars want to be in harmony with them to stick around, rather than do what's good for them.

She acted no better than any fan club teenager!

Calling herself a nurse? If she has a license (and an NP at that) then she is a nurse.

Secondly, you don't know what happened-at all. This is all second hand information that probably is filled with half truths. We may never know what happened, but you have no idea of her intelligence, or how she 'acted'.

And a fan club teenage would have screemed and cried and asked for an autograph. I missed that part in her interview...

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Specializes in telemetry/med surg.
What if the family wanted the information released as a way to help his fans understand the cause of his shocking death? Would that be a HIPAA violation? I'm afraid I'm not too familiar with the specifics of it.

Now that, we don't know yet, but I tend to think she didn't ask anyone about coming forward. Here is some more information regarding Hipaa and your rights to privacy EVEN after death:

7. Do Privacy Rights Survive Death?

Yes. Under HIPAA, a patient's privacy rights survive death and last forever. We are not sure how much sense that makes, but that is what the rule provides. A deceased patient's legally authorized executor or administrator, or a person who is otherwise legally authorized to act on the behalf of the deceased patient or patient's estate, can exercise the privacy rights of a patient.

It is important to know that disclosures for treatment do not require consent or authorization of the patient or the patient's representative. That means, for example, if information about the deceased patient is relevant to the care of the surviving spouse, the information can be disclosed to the health care provider for the surviving spouse.

Privacy for the dead can be especially messy when questions arise in the period after death and before anyone is formally authorized to act for the patient or the patient's estate. For many individuals, there may be no formal legal process following death. These questions are often best resolved with more attention to common sense and less attention to legal formalities. A doctor is more likely to know the best thing to do, and a lawyer is more likely to get in the way. The authority in the HIPAA rule that permits disclosure of information to a patient's caregiver may also help resolve problems during that period.

This information was taken from this website:

http://www.worldprivacyforum.org/hipaa/HipaaGuidePart1.html

Also, you have to keep in mind, that ALL of those shows (CNN, and such) pay BIG bucks for an interview. That might not be her reason, but I guarentee you it has SOMETHING to do with the reason why she would do that.

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Specializes in OB, HH, ADMIN, IC, ED, QI.

quotes from cardiac rn 2006, with replies

"calling herself a nurse? if she has a license (and an np at that) then she is a nurse." have you checked her license with the ca bon?

".......a fan club teenage would have screamed" oh.

"secondly, you don't know what happened, at all. this is all second hand information that is probably filled with half truths." that's true.

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Specializes in OB, HH, ADMIN, IC, ED, QI.

Quote from avidhunter3

"It is important to know that disclosures for treatment do not require consent or authorization of the patient or the patient's representative. That means, for example, if information about the deceased patient is relevant to the care of the surviving spouse, the information can be disclosed to the health care provider for the surviving spouse." Please site your source of this information.

I have no idea where you got that viewpoint, but it was apparently used in at least one case of SARS in Toronto, when a patient died of that disease, and his spouse had to be treated for it, until she died. Their daughter got it, and survived. However, spouses and other family members usually know their relatives diagnosis and can relay that to their doctors.

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Specializes in telemetry/med surg.
Quote from avidhunter3

"It is important to know that disclosures for treatment do not require consent or authorization of the patient or the patient's representative. That means, for example, if information about the deceased patient is relevant to the care of the surviving spouse, the information can be disclosed to the health care provider for the surviving spouse." Please site your source of this information.

I have no idea where you got that viewpoint, but it was apparently used in at least one case of SARS in Toronto, when a patient died of that disease, and his spouse had to be treated for it, until she died. Their daughter got it, and survived. However, spouses and other family members usually know their relatives diagnosis and can relay that to their doctors.

I put the source in my quote, but here it is again!

http://www.worldprivacyforum.org/hipaa/HipaaGuidePart1.html

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