Has anyone had a pt's family member take pictures of you during care? - page 6

Okay, the weirdest thing happend yesterday at work. (Why do I always get the nuts???) The doctor was examining the pt and the pt's wife was holding up her phone. I thought she was looking at... Read More

  1. by   wildlaurel
    Quote from MunoRN
    Unlike photography or silent video, audio recordings are illegal under wiretapping laws and must have consent or a court order. That being said, our CHF discharge teaching is a qualis project and part of the "class" qualis gives to family and caregivers prior to discharge encourages them to record the discharge teaching with video/audio if they have it available, not really a bad idea.
    Well, it wasn't an educating situation - they were trying to be threatening, like, "If you mess up, I'm gonna have it on tape." The pt with the worst attitude though had to stop recording because his cell phone died! Which, I thought was kind of funny.
  2. by   maxthecat
    To highjack just slightly--Esme, are you saying that a nurse is also not able to file charges against a patient who physically assaults him or her because it would be a confidentiality violation? (You'd have to name the individual patient.) If so, then I guess all the discussions that we've had here about this topic are pretty much moot.
  3. by   Esme12
    Quote from maxthecat
    To highjack just slightly--Esme, are you saying that a nurse is also not able to file charges against a patient who physically assaults him or her because it would be a confidentiality violation? (You'd have to name the individual patient.) If so, then I guess all the discussions that we've had here about this topic are pretty much moot.

    It depends on the hospitals point of veiw.........technically publically naming a patient can be interpreted as a breach of confidentiallity and when you are acting as the hospitals agent. Read your confidentiality agreements carefully they contain alot more than you think.........depending on policies and procedures/conflict of coporatre interestsired because of this very thing......yes it can be a breach of confidentiality. I have seen nurses persucuted and fired for this very thing.........but we as nurses should prosecute those who assault us. Im just saying hospital big wigs dont like the bad press and you maybe unaware of the consequences.
  4. by   Fiona59
    In Canada patients have and are charged with assault. Admission to a facility doesn't give you carte blanche to assault another human being.
  5. by   Horseshoe
    Quote from munorn
    unlike photography or silent video, audio recordings are illegal under wiretapping laws and must have consent or a court order. that being said, our chf discharge teaching is a qualis project and part of the "class" qualis gives to family and caregivers prior to discharge encourages them to record the discharge teaching with video/audio if they have it available, not really a bad idea.
    no, that's not a true statement in the broad sense.

    it depends on the state:

    although most of these statutes address wiretapping and eavesdropping — listening in on conversations of others without their knowledge — they usually apply to electronic recording of any conversations, including phone calls and in-person interviews.
    federal law allows recording of phone calls and other electronic communications with the consent of at least one party to the call. a majority of the states and territories have adopted wiretapping statutes based on the federal law, although most also have extended the law to cover in-person conversations. thirty-eight states and the district of columbia permit individuals to record conversations to which they are a party without informing the other parties that they are doing so. these laws are referred to as “one-party consent” statutes, and as long as you are a party to the conversation, it is legal for you to record it. (nevada also has a one-party consent statute, but the state supreme court has interpreted it as an all-party rule.)
    twelve states require, under most circumstances, the consent of all parties to a conversation. those jurisdictions are california, connecticut, florida, illinois, maryland, massachusetts, michigan, montana, nevada, new hampshire, pennsylvania and washington. be aware that you will sometimes hear these referred to inaccurately as “two-party consent” laws. if there are more than two people involved in the conversation, all must consent to the taping.
    http://www.rcfp.org/taping/
    Last edit by Horseshoe on Jan 30, '11
  6. by   Horseshoe
    Quote from heartnursing
    Oh your right let people/patients walk all over you that's a much better plan
    Nah, I don't let people walk all over me. I just know that the chances of a police officer racing to the hospital to arrest a patient's family member for taking a picture of me are just about nil.
  7. by   Horseshoe
    Quote from heartnursing
    Umm that's a bit much! Really battery.... come on now.... also when someone takes MY picture without MY consent then the line is crossed. Nice to see that you would stick up for your "employees".....

    And as the person who had their picture taken WITHOUT consent I would file criminal charges.. im sick of people in this situation nurses feeling like they have NO rights whats so ever what is this world coming too!?

    People have the misconception that a photographer must have your permission to take a photo. Not the case in general, particularly in public places. Even a shopping mall, while owned privately, would be considered a public place under the law.

    Members of the public have a very
    limited scope of privacy rights when
    they are in public places. Basically,
    anyone can be photographed without
    their consent except when they have
    secluded themselves in places where
    they have a reasonable expectation of
    privacy such as dressing rooms, restrooms,
    medical facilities, and inside
    their homes.
    Note that the "medical facilities" mentioned applies to patients, not staff. A hospital can have a policy against patients taking photos of staff members, and can post signs to that effect. The chances of a criminal charges being filed against a patient's family member for taking a photo of a staff member, however, are extremely remote. In fact, family members have used photography/videography successfully against hospitals, nursing homes, and health care workers in civil court.

    Forcefully taking someone's cell phone or camera, however, can get one in big trouble criminally.

    http://www.krages.com/ThePhotographersRight.pdf
  8. by   NeoNurseTX
    I have when I floated to newborn nursery. It's like you're in a fish bowl and everyone watches you bathe the babies and takes pictures. Otherwise at deliveries (as part of the neo team) it was mostly just my hands and I've taken pictures with my primaries before for the parents..and they sent me a copy but they asked if I would do it first.
  9. by   Horseshoe
    Quote from NeoNurseTX
    I have when I floated to newborn nursery. It's like you're in a fish bowl and everyone watches you bathe the babies and takes pictures. Otherwise at deliveries (as part of the neo team) it was mostly just my hands and I've taken pictures with my primaries before for the parents..and they sent me a copy but they asked if I would do it first.
    I have seen people taking photos of nurses holding babies in the newborn nursery many, many times, and the nurses seem fine with it. Come to think of it, however, the nurses are wearing masks and surgical caps, so I guess their privacy is protected.
  10. by   rockabye
    Quote from Horseshoe
    I have seen people taking photos of nurses holding babies in the newborn nursery many, many times, and the nurses seem fine with it. Come to think of it, however, the nurses are wearing masks and surgical caps, so I guess their privacy is protected.
    Nurses don't wear masks and surgical caps in the newborn nursery area. The masks and surgical caps are for sterile procedures, such as attending a c-section delivery for example.
  11. by   Katie5
    Quote from rockabye
    Nurses don't wear masks and surgical caps in the newborn nursery area. The masks and surgical caps are for sterile procedures, such as attending a c-section delivery for example.
    You had to go there
  12. by   BabyLady
    Quote from TonyaM73
    Okay, the weirdest thing happend yesterday at work. (Why do I always get the nuts???) The doctor was examining the pt and the pt's wife was holding up her phone. I thought she was looking at something on the phone, but thought that it was odd the way she was holding it up. After the doctor leaves, I am in the process of settling the pt back down and I hear a click. I looked at the pt's wife and asked if she took a picture? She said yes. I asked if I was in it and she said yes, but that was okay, right? I told her that I didn't like people taking pictures of me at work. She brushed it off and said that I was not doing anything wrong, so it shouldn't be a problem. OOOKKKAAAYYY! I really felt like this was a problem. I don't want my picture plastered on the net or something. Don't we have at least a molecule of a right to privacy regarding our picture being taken or since we work with the public, is that right out the window? Any thoughts?
    I personally, wouldn't freak out over a g-rated picture...whether it ends up on the internet, ie. Facebook or not. Seriously...what can someone do with a g-rated pic?

    We get our pictures taken all the time, working with infants..I personally don't care..doesn't bother me one way or the other.
  13. by   BabyLady
    Quote from Horseshoe
    People have the misconception that a photographer must have your permission to take a photo. Not the case in general, particularly in public places. Even a shopping mall, while owned privately, would be considered a public place under the law.



    Note that the "medical facilities" mentioned applies to patients, not staff. A hospital can have a policy against patients taking photos of staff members, and can post signs to that effect. The chances of a criminal charges being filed against a patient's family member for taking a photo of a staff member, however, are extremely remote. In fact, family members have used photography/videography successfully against hospitals, nursing homes, and health care workers in civil court.

    Forcefully taking someone's cell phone or camera, however, can get one in big trouble criminally.

    http://www.krages.com/ThePhotographersRight.pdf
    You are kidding, right?

    That is not a criminal offense and you won't find a law in any law book where taking a picture of someone that doesn't want their picture taken, is against the law.

    Now, you may have a CIVIL case...but unless you are a celebrity, it is more of a request, than something you can actually take action on.

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