The ethics and laws associated with keeping a personal diary

[Bruce_Wayne]

Who here keeps a personal diary? Of those that keep a diary how much nursing stuff gets thrown in there?

I've been keeping a diary since June and I've been kind of scared to mention too much about my working life in there because of HIPAA, but there are just so many things that I think I'd benefit from writing down in detail so I don't forget them later. I'd also want to use names so that if, god forbid, I ever had to go to court I could look up the day in my diary and use that to jog my memory. I can write things in my diary that I can't write in the notes, if you know what I mean.

But at the same time I think that it might be a huge HIPAA violation for me to have a book with tons of people's medical information and outcomes in my possession. What if this book was ever found? Could I get in trouble for it? Or would my right to privacy to keep a journal of my own personal experiences that I was directly involved in supersede somebody else's write to medical privacy?

And for the record, this question is purely academic. I've been too scared to write anything too detailed about work or clinicals in my diary.

[pers]

This is an interesting topic! In a legal lab, we WERE advised by a nurse-turned-attorney to keep a personal journal. In it, we could write down details of any event that may in the future cause problems. If deposed, we could better jog our memory about details that were not included in the patient record ... timelines, circumstances, conversations held, etc.

Of course, some protection of the patient name would be in place.

Interesting. I wouldn't think this was a good idea, based soley on my previous experience with a lawsuit. Did she say it could actually become evidence? That would be my fear. I can see why having additional notes might be nice, I do remember saying "I don't recall" a few times in my interview! However, I would worry about something being misconstrued if anyone but me was able to read it.

[caliotter3]

Any diary about work matters needs to be separate from one's personal life. The diary should not be discussed with anyone. Should you be subpoenaed for a lawsuit involving work, if your diary entries are discussed, the entire diary can be brought forth by the opposing side. A work diary is not something to be taken lightly.

BTW, this info is derived from personal experience in a lawsuit. It is not just my personal opinion.

[BittyBabyGrower, MSN, RN]

I find it interesting that she told you it was okay to keep a journal about work. I have been depo'd a few times and they always ask if I keep a journal, by both sides. If they find you do, they can use it in court, and that could be bad if it is for the opposite side. The lawyers have you read thru the chart and then you go by the chart and notes, a journal could have things that are not in that chart and you will be questioned to the nines about it too. What if you have something crucial in your journal, it is not in the chart, it could look like an purposeful omission in the chart.

I would not take the risk. Being deposed sucks, it would really suck if they find something in that journal that they could use, and potentially you could get fired for. And they can read any part of it, they can read ALOUD anything that is in that journal. Just my personal opinion.

[belgarion]

In my previous life I was deposed for cases regarding everything from sexual harassment and discrimination to workmens comp and environmental issues. In every case I was asked if I had any personal notes, copies of documents or e-mails in my possession. My answer was always no. That's my story and I'm sticking to it.

P.S. I didn't keep anything in a secure place after leaving either.

[kakamegamama]

I agree with TraumaRUs. I think that I learned one time, while I was reviewing charts involved in lawsuits or in grad school, that any written logs of patient encounters are considered "fodder" for a lawsuit. So, I would not keep one that discusses patients and their diagnoses, treatments, anything that could link to a case in a hospital. Unfortunately, it's a result of the world we live in. However, that being said--check with your risk management office. They should know if it becomes a legal document for review in case of lawsuit.

[oramar]

Lot of people would say that they would keep one and just not tell anyone. I say that sooner or later you will blab and it will come back to bite you. It is a shame however, 100 years from now our grand kids would enjoy reading about our personal as well as professional lives. It will never happen.

[netglow, ASN, RN]

Just thinking the same Oramar. Too bad this. When I started to read this thread I thought it would be cool to look back on your career, NG on to many years experience, different specialties and your thoughts. I was already thinking in my head where I put that blank journal book... Oh well.

[Ruby Vee, BSN]

this is an interesting topic! in a legal lab, we were advised by a nurse-turned-attorney to keep a personal journal. in it, we could write down details of any event that may in the future cause problems. if deposed, we could better jog our memory about details that were not included in the patient record ... timelines, circumstances, conversations held, etc.

of course, some protection of the patient name would be in place.

if you want to keep a journal to jog your memory later, that's fine, but understand that the whole journal could be subpoenaed and wind up in court. so don't put any personal information in it.

i keep a personal journal, but it doesn't have any work stuff in it -- or at least not any recognizable work stuff from the past twenty years or so. it has the stories i've written for allnurses, but they all took place at least a couple of decades ago and the names and details have been changed enough that i don't think anyone could recognize them except me, and give me twenty more years and even i won't remember them. alzheimer's runs in my family. i'm keeping a journal so that i can read it when i can't remember my life anymore. of course i probably wouldn't be able to comprehend anything i've read at that point anyway . . . .

[blueheaven]

I am personally afraid to keep a journal or diary. While I have been told that this can help me with my "issues", I am afraid that someone will read it and possibly take the information the wrong way. There have been 2 episodes in my life where "journaling" has come back and bit me in the ***. Don't need a third time to learn my lesson!!!

[Ruby Vee, BSN]

i am personally afraid to keep a journal or diary. while i have been told that this can help me with my "issues", i am afraid that someone will read it and possibly take the information the wrong way. there have been 2 episodes in my life where "journaling" has come back and bit me in the @$$. don't need a third time to learn my lesson!!!

it's come back to bite me, too. when we were in high school, my sister stole my diary and every kid in high school got a chance to read it. but i still journal -- only now i'm much more careful about access. i don't talk to my sister, either . . . of course, i had more or less forgiven her for that "youthful prank," as my father called it but then she slept with my husband. i mailed her a copy of some of the more articulate and imaginative journal entries that engendered. i doubt very much she would have shared those journal entries with all of her friends!

[cherrybreeze, ADN, RN]

it's come back to bite me, too. when we were in high school, my sister stole my diary and every kid in high school got a chance to read it. but i still journal -- only now i'm much more careful about access. i don't talk to my sister, either . . . of course, i had more or less forgiven her for that "youthful prank," as my father called it but then she slept with my husband. i mailed her a copy of some of the more articulate and imaginative journal entries that engendered. i doubt very much she would have shared those journal entries with all of her friends!

omg. there aren't words for this. i am sorry you went through it.

[Indy, LPN, LVN]

I have to say my mother searched my room, and found any and all attempts at journalling, every time. She even got her hand mirror and read the one where I taught myself to write in mirror image, and gave it to my stepdad to read. !!

So I can't journal although I think it would be really helpful. There is a pretty strong mental block against it.