Questionable privacy violation on public forum?

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I have a question.......If a nurse publicly mentions a patient's first name, but no last name, and does admit to being persons nurse on a public forum (FB) when said patient dies, is that breaking HIPAA law/privacy act? A co-worker, mentioned on her FB status RIP (pt's name given), a fb friend writes condolences, and another FB friend asks if she is going to said pt's funeral, then asks the nurse if she was her nurse, and she said "yes she was" and also made a comment that she was her "Thursday sunshine," but no last name given and no other information given wouldn't that still be violating privacy even though said patient died and nurse admitted to being said pt's nurse and the days she went to see her? I know this LPN meant well, but I can't help feel it is a violation of privacy. I had mentioned to my supervisors about said posting on FB, but said LPN is good friends with clinical director and I couldn't say anything to her for fear of retaliation (which is illegal, but somehow it would come back to haunt me). Any info here would be helpful.

Thank you.

Since when does disagreeing=personal attacks? Agree with me, or you are in violation of user policy!

HIPAA violation? I don't think so. Ethical? Eh, she's not on solid ground there. It was poor judgement to use her pt's first name. If your facility doesn't have a clear social network policy, now is probably the time to develop one. This would be a great opportunity to educate staff on what is and is not okay to discuss in public (including on social networking sites). The outcome of this doesn't have to be punitive, rather it can be something very positive.

No one attacked your intentions. If you are that sensitive, an internet forum is not going to be an enjoyable place for you. Questioning and attacking are two different things.

Just as you questioned this nurse, we are questioning you. If you don't like it, then you don't have to read it. Or better yet, don't let it get to you. Why get offended at what complete strangers say?:smackingf

Just so you know, an internet forum is where you will probably find the most honesty, so you have to be prepared for it.

Personally, I think your reaction was immature and unprofessional, but you admit to that, and I can respect that. There are people at work I don't like. But no matter how much I dislike them, I would ALWAYS go to them first when something serious arises. I don't believe in going over someone's head. It could have been as simple as sending a FB message (not a wall post) letting her know that her post may be a a HIPAA violation and that you just wanted to let her know so she wouldn't get in trouble. THAT is professional and called common courtesy. Now, if she blew you off after you warned her, then I can understand going up to her superior. That is IF you are 100% certain it is a HIPAA violation, otherwise, you will make yourself look like a fool to your boss and I'm sure you wouldn't want that.

While I respect the fact that you want to make sure rules are followed, how would YOU feel if you were in her shoes? If you were hurt emotionally over the loss of this patient and you made an honest mistake but someone went ABOVE your head and reported you? Wouldn't feel too good would it? We don't always think when we are upset.... and that goes for you and for this nurse in question.

If you are upset about something, always take time to think before you act. What if you DID make her lose her job, and in this economy, she may have had a hard time finding a new one. I don't know about you, but I would feel even crappier if I knew my actions caused someone who made an honest mistake to lose their job.

Now, part of me wanted to rip you a new one, but you admitted that what you did was childish, so I respect you. That is very professional and mature of you. Many people have a hard time admitting things like that, so I always find it respectable of a person who does. Despite the mistakes you may have made, you came back to realize you were also in the wrong, that is the sign of a true professional.

I hope you can learn to enjoy this forum. Always expect honesty, it can hurt, but you gotta just let it roll. It can be amusing too. :)

If your closest confidant or friend at work did this same thing how would you handle it? go to the board of nursing, upper management? or would you approach that friend and say something? or say nothing?

Specializes in Clinical Research, Outpt Women's Health.

"that fact that you would let this go concerns me, b/c if you let this go, then you might let other things slide as well, and what does that say about your standards of practice?"

no patient harm coming from this if you look at it rationally. so i would feel perfectly comfortable looking away. as i said before if i felt a patient was at risk i would definitely do something. i have outstanding standards of practice and have always been a patient advocate.

the busybody comment is not a personal attack. it is simply stating what i am seeing and feeling which i am entitled to do.

on further reflection, if i liked theis nurse at all, i would tell her to get the comment off her fb or even better take down her fb before she gets burned.

i have no idea how old you are, but i think eventually you live and learn enough to develop strong judgement skills that help you determine what battles really need and should be fought.

as much as you are allowed your feelings i am also allowed mine, and that fact that you do not like my disagreeing with you and your intentions does not make my feelings any less valid.

if i was ever to "attack" you would know it.:D:d:d however, in the 7 years i have been on this forum i have never been reprimanded once because i do not "attack". i do reserve the right to "call em as i see em" though. just as you have the right to disagree with me.

i do not get why many people think that if someone does not agree with their opinion they are being attacked. it is called discussion!

Physically no one attacked me that much is true, verbally I was very much attacked. Name calling is a verbal attack and say someone is immature and unprofessional is also libel/slander/possibly defamation of character. I ask a legal question and I get all kinds of responses some rlated some unrlated and some giving me their opinion which I did not ask for. I just wanted the facts, and due to people only surmising the law I did further research and and presented the facts. I can "run with the big dogs" some nuch for nurses using their critical thinking skills and letting personal feelings get in the way, which is evident by posters' reactions to my posting. All I wanted was the facts didn't want any personal opinions. IF I wanted personal opinions I would have asked for them. Facts are facts personal opinions and name calling is irrational when the question specifically calls for for legitimate legal answer. But, I guess, some people do not know how to distinguish between factually answers and giving their opinion. I don't care how people view me here, what I do care about is getting the proper legal answer. I'm definitely not sensitive (which to some people would be off putting and offensive). Most of the negative responses just and assumptions just makes me want to prove people wrong, and from my experience people don't like to be proven wrong or conceded to being wrong, they resort to name calling, belittling, and slander....look the words up before you post a response.

Specializes in Education, FP, LNC, Forensics, ED, OB.
I ask a legal question.......
I don't care how people view me here, what I do care about is getting the proper legal answer.
We cannot provide legal advice or answer a legal question. If you are truly concerned about this, you need to seek legal counsel.

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