"They may hire a private investigator..."

[LittleTwinStars]

My hospital works closely with a law firm, mostly risk management and preventative stuff. I chart carefully, and am used to getting called in at this point because they are proactive rather than reactive. In fact, they commend and thank me because I'm often the first to call back and come in. No good deeds go unpunished...

Mostly, I just go over my charting with them and give them my input. I'm an ICU nurse, so there are some very sick people. So far (knock on wood), I've never encountered any actual pending lawsuits, just proactive risk management. It has definitely taught me how to be the best nurse I can be, and how to chart defensively.

The lawyers and legal nurse consultants gave me the rundown of how I'm covered and how to prepare myself in case of a family taking action. Most of it was pretty standard, such as:

-If you are contacted or approached by someone, always ask who they are working for.

-Do not talk without a lawyer present, whether it be the hospital's or my own.

-Try to remember the details, but don't lose sleep over it. We hope to never see you again about this patient.

Then, this came out:

-The patient's family might hire a private eye. Again, use the above advice.

Sound of record scratching

Uh, no. It sounded pretty reasonable and typical until the PI part. Contrary to popular belief, PIs are not protected under the law. If I find someone tracking me, I'm driving to the nearest police station and hoping that s/he is caught in the act. I've been stalked before, and hell if I am going to allow it a second time.

I know that hiring PIs is the right of the people seeking services, but why is my hospital's law firm seemingly okay with me possibly being followed and having my privacy violated by a PI? They said NOTHING about protecting myself or that PIs are legally stalkers. Yeah yeah, I know that the hospital and law firm are about protecting the hospital, not me. However, I'm shocked about how they seemed so okay with it, almost encouraged me to comply with my privacy and safety being invaded, and didn't tell me that I had a right to not be invaded like this.

No, I'm not a tinfoil hat wearer. I know that only rich people hire PIs, and they're not going to get anything good on me because 1) My workplace is locked, and they only have access to the medical records released by the hospital, and 2) I'm the most boring person in the world whose favorite hobbies are sleeping and reading. It's just... creepy. Unsettling. Yet another reminder that I'm an unvalued pawn who can get thrown under the bus in the legal game.

Anyone have input? Thoughts? Been followed by PIs hired by patients' families?

[NurseFifty]

Your hosital's legal nurse consultant should have told you on what occsassions should you expect the PI to follow you. Not a very good nurse consultant?

[guestng82]

No, I'm not a tinfoil hat wearer. I know that only rich people hire PIs, and they're not going to get anything good on me because 1) My workplace is locked, and they only have access to the medical records released by the hospital, and 2) I'm the most boring person in the world whose favorite hobbies are sleeping and reading. It's just... creepy. Unsettling. Yet another reminder that I'm an unvalued pawn who can get thrown under the bus in the legal game.

Anyone have input? Thoughts? Been followed by PIs hired by patients' families?

Rich people are not the only ones who hire PIs. I work for a insurance defense firm, and we use them all the time. As does the other side. There are also many services that PIs do that do not include following you. One of the biggest we do is to have them do asset checks. Which means finding out what checking/savings accounts you have, etc. They also review your Facebook and any other social media accounts you may have (I also do this at work to save on PI costs if our client does not authorize it).

And just know that it is not PIs only that can access your information. I can look you up on LEXIS and pull a Comprehensive Person Report, which gives me all types of personal information about you, like all of your employers, liens, licenses, judgments, criminal filings, income, etc. Some even have the option to pull up medical records.

It is a little scary, but I have been more horrified when I find out what some of these people have been up to after running searches on them.

[Jory, MSN, APRN, CNM]

I actually think you are over-thinking this.

Anyone can hire a PI to follow you for any reason. If I wanted to hire one to investigate my husband, my best friend, a nosey neighbor down the street, I have every right to do that.

Private Investigators do not have any more rights than a private citizen. If they want to sit outside your house and watch you, they can. If they want to follow you to the grocery store, they can. If they want to take pictures of you with a zoom lens, they can.

However, why should this bother you? You are already being recorded by cameras when you drive down most streets. Grocery stores film you. The bank films you. Your credit card companies know every time you buy tampons if you put it on a card.

There is no expectation of privacy because all of these things are out in public.

You also have to ask yourself: What would they have to gain by following you.

PI's are expensive, most charge $250 and up an hour.

If you work as a consultant with risk management, exactly what kind of information would a PI have by following you? Do you have an alcohol problem? Work as a stripper on weekends? A drug problem you are hiding?

If you are the average working nurse, then there is no benefit to following you and tracking your movements. No information that they would gain (UNLESS it is to discredit you..see list above) would help them defend a case.

If you drive a buick. So what. If you live on Maple street, so what. If you go to the gym three times a week or have a secret addiction to Ben and Jerry's, so what.

It doesn't help their case.

I am telling you this because they wouldn't do it to start with. Internally, there is no way someone from the outside knows who is looking through the chart. How would they? How would they magically come up with YOU?

Let's say you went to court, so now they know who you are. Any attorney is going to want to more about you. That is SMART. How long have you had your license? What specialty are you in? What is your education level? You see where I am going? These are things they want to know.

As for liability, if you didn't take care of the patient, there is no liability. Ever hear of an expert witness getting sued? No, you haven't. They are paid for an opinion. The only time an expert witness gets sued is when they have falsified information and then they should absolutely be sued.

I am not saying this to be mean, but I think you are making this to be a bigger deal than what it is.

[seattlePA]

Hi littletwinstars, I've been reviewing topics such as yours, and I'm curious how this issue of the hospital hiring a PI to spy on their own employees has turned out. I am involved in a slightly similar situation right now (July 16) of an employer possibly trying to "through the employees under the bus".