The ethics and laws associated with keeping a personal diary

Nurses General Nursing

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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.

Specializes in NICU, Post-partum.
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.

This is something else that people overthink.

If you keep a journal at home WHY WOULD YOU TELL ANYONE ABOUT IT??????

No one, no one, not anyone, can know you keep a diary, journal, notes, papers, etc...if you never mention to anyone that they exist.

No one means no one...not your best friend, no one. It is for you and no one else.

Very hard for a court to subpoena something that they do not know exists or that you do not admit exists...another good reason why you tell NO ONE.

Specializes in NICU, Post-partum.
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!!!

...and who are the mysterious people that are going to sneak into your house and steal it and read it?

So -- what's the difference between a personal journal and blogs like this? I

realize this technology is relatively new, but at what point (or are they doing

it now) will lawyers ask you if you blog or have a Facebook page? Social media

like this are essentially online journals. Let's say someone introduces a thread

on this blog that is about a real case but written to disguise those involved.

The thread is found by lawyers. Could that be used in a court? I don't see

why not. Just a thought.

Specializes in Trauma Surgery, Nursing Management.

Maybe I am wrong here, but I was told by one of the lawyers in our Risk Management department that if we ever kept any personal notes relating to a patient incident (I imagine a bright lawyer may call this "journaling"), that those notes were not discoverable should a case involving said patient go to court. She stressed to us to write an incident report instead and to NEVER keep any personal notes. Does that sound correct? Maybe I am not remembering that right.

Specializes in Trauma Surgery, Nursing Management.

Nevermind. Just talked to my dad, who is an atty and he said they WERE discoverable.

Specializes in NICU, Post-partum.
Nevermind. Just talked to my dad, who is an atty and he said they WERE discoverable.

Yes, but that would have to include the nurse admitting he/she kept notes to start with.

That is why, again, I say if you keep a journal, it is for you, your own protection and you tell no one about it...that includes any court that asks if you keep one because it is none of their freaking business and not a single way that they can know any different.

...and who are the mysterious people that are going to sneak into your house and steal it and read it?

This sounds far-fetched on the surface, but it is not as impossible as one might imagine.

Specializes in Infusion, Med/Surg/Tele, Outpatient.

Any type of personal documentation relating to work is subpeonable (forgive the spelling.) I learned here on allnurses about some forms of CYA - like writing up a note to self and sending certified mail return receipt and keeping it in the safe. This is something I do when I witness or am party to certain kinds of events I think may come up in the distant future. But these are discoverable and would be something turned over to my atty in course; not being a linked book so each is a separate entity.

...and who are the mysterious people that are going to sneak into your house and steal it and read it?

Not that anyone would necessarily intend to steal your diary, but they might take it thinking there was important info in it. If you have protected health information in your possession and someone gets ahold of it you are responsible for it.

Specializes in NICU, Post-partum.
Not that anyone would necessarily intend to steal your diary, but they might take it thinking there was important info in it. If you have protected health information in your possession and someone gets ahold of it you are responsible for it.

Again, that would have to include...

1. Someone would have to know you had something, in order to steal it.

2. They would also have to know where you hide it.

Again, that would have to include...

1. Someone would have to know you had something, in order to steal it.

2. They would also have to know where you hide it.

Funny thing about thieves, they go through drawers, closets, cabinets, freezers and look for things in the places you might have hidden them. We were just broken into and they took the most random stuff. They didn't know what we had they just busted the door down and went through everything to find out. Again, by putting patients' PHI with identifying details in an unsecured location you are putting their info at risk.

Specializes in Med Surg.
Funny thing about thieves, they go through drawers, closets, cabinets, freezers and look for things in the places you might have hidden them. We were just broken into and they took the most random stuff. They didn't know what we had they just busted the door down and went through everything to find out. Again, by putting patients' PHI with identifying details in an unsecured location you are putting their info at risk.

Which is why they invented safes, lock boxes, and safe deposit boxes.

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