The Story of Jahi Continues

JustBeachyNurse, LPN · Mar 8, 2015

That's an interesting question.
Now, im wondering would the family have to sue the grandmother or could the hospital go after her?

Maybe it's why grandmas license is in retired status now....

scaredsilly, BSN, RN · Mar 8, 2015

Does anyone know for sure how HIPAA works in a case like this? My guess is that now that the family has filed in court and the filing is public domain that the hospital will be allowed to present the facts in the form of an answer and that will also be public domain. If a I am right, it means that the hospital and docs can finally tell the world what really happened.

Am I correct that HIPAA will no longer protect Jahi and her lunatic family?

klone, MSN, RN · Mar 8, 2015

Does anyone know for sure how HIPAA works in a case like this? My guess is that now that the scamily has filed in court and the filing is public domain that the hospital will be allowed to present the facts in the form of an answer and that will also be public domain. If aI am right, it means that the hospital and docs can finally tell the world what really happened.
Am I correct that HIPAA will no longer protect Jahi and her lunatic family?

As someone who was recently subpeonaed to testify in a criminal trial regarding my knowledge of a patient and criminal activity that I uncovered as part of my assessment of the patient, I can tell you that HIPAA laws still do definitely apply. I was told by our legal department that I had to make sure the facility has a signed HIPAA release from the patient/patient's family before I could discuss anything in court.

So I'm not exactly sure how that will play out if Jahi's family does not sign a release allowing medical staff to discuss the case.

I'm guessing that a judge may be able to force the family to sign a release if they want to continue with the malpractice suit, because the hospital/employees have a right to defend themselves.

icuRNmaggie, BSN, RN · Mar 9, 2015

I just want to hear from the PICU nurse what happened.

SubSippi · Mar 9, 2015

I just want to hear from the PICU nurse what happened.

Yes at this point I think I would pay money for an hour alone with her!!

Horseshoe, BSN, RN · Mar 9, 2015

As someone who was recently subpeonaed to testify in a criminal trial regarding my knowledge of a patient and criminal activity that I uncovered as part of my assessment of the patient, I can tell you that HIPAA laws still do definitely apply. I was told by our legal department that I had to make sure the facility has a signed HIPAA release from the patient/patient's family before I could discuss anything in court.
So I'm not exactly sure how that will play out if Jahi's family does not sign a release allowing medical staff to discuss the case.
I'm guessing that a judge may be able to force the family to sign a release if they want to continue with the malpractice suit, because the hospital/employees have a right to defend themselves.

Correct. Without medical records, there can be no suit.

icuRNmaggie, BSN, RN · Mar 9, 2015

Yes at this point I think I would pay money for an hour alone with her!!

I hope that she has her own attorney for the deposition.

Tenebrae, BSN, RN · Mar 12, 2015

This doesnt make sense to me. If a kid is conscious enough to be able to eat, why the hell would you suction them?

The grandmother said she was a RN. This was aired on TV. I thought to myself," If you're a RN why on earth would you be feeding her a hamburger and then stick a suction device down her throat?" I never really followed the case. I didn't question what the grandmother said about being a nurse. I figured she was one of them "super" nurses that knows everything or she was making herself look more important than what she was.

Gooselady, BSN, RN · Mar 12, 2015

This doesnt make sense to me. If a kid is conscious enough to be able to eat, why the hell would you suction them?

My (limited, hearsay) understanding of this is Jahi said she was hungry the afternoon after surgery, when she was still probably NPO. She was given a bit of hamburger but couldn't swallow it due to her being post op day 1 and having had her pharynx surgically resected . So the grandmother had to use a yankauer to get the hamburger out of her throat before she choked on it.

Again, the only place I've heard this is on THIS forum, from others who heard early press conferences or read early comments beneath the news articles when the story first broke.

ixchel · Mar 12, 2015

This doesnt make sense to me. If a kid is conscious enough to be able to eat, why the hell would you suction them?

THIS doesn't make sense to me. You can suction a conscious person. Trach patients are the first that come to mind with this but yeah, I don't think LOC prevents suctioning.

smartnurse1982 · Mar 12, 2015

That's an interesting question.
Now, im wondering would the family have to sue the grandmother or could the hospital go after her?

i asked that question too.

i wonder,since grandma's license is not active but Retired status,if Mom can still sue her?

I also wonder if retired nurses maintain their malpractice insurance?

Horseshoe, BSN, RN · Mar 12, 2015

My (limited, hearsay) understanding of this is Jahi said she was hungry the afternoon after surgery, when she was still probably NPO. She was given a bit of hamburger but couldn't swallow it due to her being post op day 1 and having had her pharynx surgically resected . So the grandmother had to use a yankauer to get the hamburger out of her throat before she choked on it.
Again, the only place I've heard this is on THIS forum, from others who heard early press conferences or read early comments beneath the news articles when the story first broke.

This hamburger story is one that got traction on the internet to the point that people believe it as fact. Someone here said she saw the grandmother admit to giving her food on a news report, but I would like to see a link to that because I have never seen actual evidence that the family was noncompliant with the NPO instructions. If they admitted this on camera, they would have a really hard time with their lawsuit. I know that the grandmother admitted to suctioning, but never did I see her admit to giving the kid a hamburger to eat right after having major surgery on her tonsils and palate.