Pt's FB pictures of me

Published

I am a nursing student, and my dad is an ON/GYN. I recently helped him deliver a baby, and his pt took pictures of us and posted them on Facebook. I would like to have these pictures, as I hope to become a CNM, and would love to have a picture of my dad and me at my first delivery. (There are pics of us with and without the baby.)

Is it a HIPAA violation if I click on the "..." and save these pictures to my phone since she made them public on Facebook (we are not FB friends. I searched for her.) I really want these pictures, but want to have them legitimately. Thanks!

Specializes in Critical Care.
I don't search the obits specifically but rather leisurely on occasion.

I would think browsing public papers is okay.

What about it is different that makes one okay and one unethical/unprofessional?

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If she told you she was posting them to Facebook then I guess that's partly an invitation to search for them.

That's kind of how I interpreted it. She definitely wasn't saying that to get permission to put it on Facebook. She was just telling me it was on there. If she had not have told me it was on there, I never would have looked for her.

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Specializes in Emergency Nursing.

If I were the patient, and at my 6-week check-up my doctor asked me if his daughter could save a copy of the picture that I posted on Facebook, I would be creeped out. Your intentions are pure however I think it could be seen as an invasion of privacy and inappropriate. Maybe the patient would not see it this way, but is it really worth the risk? Only you can answer that.

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Specializes in critical care.
What about it is different that makes one okay and one unethical/unprofessional?

Well, if the patient is dead, you won't have them again, and therefore won't cloud your ability to treat them objectively. You also won't be in a position to contact them outside of your nurse/patient relationship boundaries. But does it invade their privacy? Possibly. I'm on the fence about that.

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Love, I believe you when you say your motive was innocent. I also believe you were anticipating this wouldn't be a good move on your part, or else you wouldn't have started this thread. It feels as though your emotional connection to the situation is leading you to feel personally attacked by those who are offering feedback regarding different ethical considerations in your dilemma.

Perhaps you could take a step back and revisit this thread tomorrow, with a fresh mind. Many valid points have been raised. I don't doubt your excellence in the clinical setting for a second. You clearly made a bond with this family and you sound like a real go-getter in general. If you search your heart, surely you'll see that you felt like there might be something wrong with contacting this new mom if you brought this question here.

Best wishes to you, and I hope the path you choose is the right one for all involved.

You're right. I'm letting myself get very defensive. It's hard not to be defensive when I've been accused of everything from stalking to being the subject of nepotism to doing more than just observing a delivery to having my picture taken with a school name tag on (??), all when seeking what I was hoping to be a simple answer (HIPAA violation vs not a HIPAA violation) to an honest question.

And you're right that I probably need to check out from this discussion for the night (if not permanently).

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Specializes in Critical Care.
Well, if the patient is dead, you won't have them again, and therefore won't cloud your ability to treat them objectively. You also won't be in a position to contact them outside of your nurse/patient relationship boundaries. But does it invade their privacy? Possibly. I'm on the fence about that.

You're on the fence about whether or not reading a former patient's obituary is an invasion of privacy?

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How can it be an invasion of privacy to read someone's obituary.

First of all they're dead. The obituary is published publicly for any Tom, Dick or Harry to read.

I read obituaries daily on different sites, I have seen the names of dead nurses, dead doctors, dead patients, dead people I went to the same school with, dead people that lived where I have lived, etc. etc.

I suppose it's also an invasion of privacy to read a patients wedding announcement if you happen to see it while you are reading the wedding page?

Ridiculous!

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You're right. I'm letting myself get very defensive. It's hard not to be defensive when I've been accused of everything from stalking to being the subject of nepotism to doing more than just observing a delivery to having my picture taken with a school name tag on (??) all when seeking what I was hoping to be a simple answer (HIPAA violation vs not a HIPAA violation) to an honest question. And you're right that I probably need to check out from this discussion for the night (if not permanently).[/quote']

I don't think anyone accused you of having your picture taken with a name tag on. I said OUR program said we aren't allowed to do that and you may want to check into your policy before having pictures taken. Just trying to help out and give you something to think about if you are taking pictures in your school uniform.

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Specializes in critical care.
How can it be an invasion of privacy to read someone's obituary. First of all they're dead. The obituary is published publicly for any Tom Dick or Harry to read. I read obituaries daily on different sites, I have seen the names of dead nurses, dead doctors, dead patients, dead people I went to the same school with, dead people that lived where I have lived, etc. etc. I suppose it's also an invasion of privacy to read a patients wedding announcement if you happen to see it while you are reading the wedding page? Ridiculous![/quote']

Simmer down, love. I don't know how to explain what I mean right, but I'll try my best. In the same way that the OP may have violated her patient's privacy by actively seeking out her social media posts, actively seeking a patient's obituary might, too.

However, as you say, these things are public. Hence, the fence. Both acts are intentionally seeking more than that person chose to share with you, a person who had a professional (not personal) role in their lives.

I can see it might be a little fuzzy. And I suppose that is why the poster who brought it up was asking. We're questioning the use of social media in this way, but using the newspaper is essentially the same thing. (For the purposes of what that person was asking.)

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Specializes in Short Term/Skilled.

I'm fairly certain pictures posted on public social media are no longer private property.

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How can it be an invasion of privacy to read someone's obituary. First of all they're dead. The obituary is published publicly for any Tom Dick or Harry to read. I read obituaries daily on different sites, I have seen the names of dead nurses, dead doctors, dead patients, dead people I went to the same school with, dead people that lived where I have lived, etc. etc. I suppose it's also an invasion of privacy to read a patients wedding announcement if you happen to see it while you are reading the wedding page? Ridiculous![/quote']

Lol!!

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1. Again, I have no intentions of posting to social media.

2. My #1 (and honestly only) idea about trying to legitimately contact this person: have my dad ask her about it at her 6 wk follow up. He said he would do that for me.

3. Why do I want this picture? Well, it's my first (of hopefully many) "deliveries." I don't see it as any creepier than wanting to have a picture of my child with his teacher on the first day of preschool.

4. I was a nursing student, there with school. This was the patient assigned to me by school. My father, my preceptor, and I were in there. I'm not sure what is being implied as far as my "helping" goes.

I'm sorry to have caused such a heated discussion. The world of Facebook and publishing private pictures is relatively new in the medical world. I was obviously unsure of this situation, and thought I would ask for some insight. I guess I learned my lesson.

But again, and i can not stress this enough, you could be disciplined for this. You do not, did not know this patient outside of the facility. You searched this person after the fact, based on personal information (their name) that you obtained at the facility. That can be considered a violation of HIPAA.

It will take one person to see that picture, report it, and you could be facing a hot mess.

New parents are exhausted. They are overwhelmed. I am not sure your father asking about it at the 6 week check is appropriate. I could be considered "what was she doing looking me up". You never know.

I also strongly urge you to look at both your school and the hospital policy on this.

I get that it is a lovely keepsake, however, you could be putting yourself at risk.

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