Third Part Observing and Possibly Filming

[Music in My Heart]

Recently, an ALOC patient needed a CT. For safety, we decided that the patient should be transported with a nurse and a tech. The patient was transferred to the CT table at which point the patient became resistant. For the patient's safety, the patient was pulled back onto the gurney and placed in soft restraints.

During this occurrence, another patient was seen approaching the CT suite and craning his neck to observe. He was directed to return to his seat which he protested and refused. Moments later, he was observed holding a smartphone. He was strongly admonished that it is a violation of privacy laws to film other patients or staff. He stated that he was not filming and continued vociferously stating that he was doing nothing wrong and just "watching." At this point, security was summoned and the door to the CT suite was closed until the situation was secured. It is not known whether he actually filmed the situation or not (the cops stated that they are not permitted to demand the phone or look through it).

1) Have you ever caught or suspected a patient or family recording events in the ED?

2) Does your facility have a specific, written policy regarding same?

3) Do you have any signs posted which specifically prohibit filming?

I know of a case where a patient family secretly photographed a nurse at the workstation and then posted it to Yelp with a complaint. It was seen by another nurse who contacted both the poster and Yelp stating that it was an invasion of privacy and the poster pulled the photo.

4) Does anybody think that this is going to be an ever increasing problem?

5) Do you think that your facility's risk management group is (a) aware and (b) proactive in this area?

[canoehead, BSN, RN]

I think the door should have been closed to ensure privacy. But people are jerks and we need to protect our patients from them.

[Rose_Queen, BSN, MSN, RN]

My first thought was why wasn't the door closed to begin with, and then why wasn't it closed as soon as he was seen observing? Unfortunately, with the popularity of smartphones, this is going to be an ongoing issue. Our responsibility is to do as much as we can to protect patient privacy, including closing doors or pulling curtains.

[FineAgain]

I work nights and we don't have enough staff to leave the floor for dinner. We had a desk where we ate, sometimes several at one time. One night one of our FF was complaining that she wasn't getting her pain medications fast enough (she had another hour to go). She took a picture of us eating (none of us was her nurse) and sent it to "her lawyer" as well as higher ups in the hospital. We now have to eat in the dictation room surrounded by computers and sitting in office chairs. What she didn't know or care about was that that was the first time I had actually sat down in 6 hours.

So yes, I think this is a problem and one that will only get worse in time. Police could and should be able to stop this when it happens in a privacy protected place like a hospital. There are signs everywhere prohibiting such actions...

BTW welcome back ♪♫ in my ♥!!!

[caliotter3]

A step up from the resident who used to record her interactions with staff at the LTC facility where I worked. This person was a gem who took great pleasure on goading staff while monopolizing their attention and insuring that the other three residents in the room received little to no care. Her family was reported to be the instigators of "attorney" suggestions. You have to close doors and curtains. You have to be extra careful with your verbal responses when you feel you are being purposely provoked.

[Altra, BSN, RN]

During this occurrence another patient was seen approaching the CT suite and craning his neck to observe. He was directed to return to his seat which he protested and refused.[/quote']

The door needed to be closed before this point. We routinely close the door to the scanner as soon as the stretcher and all staff are through it, so that no patients' backsides are exposed to the hallway during log rolling/transfer to the CT table.

As for the dude who thinks that the ER is a reality show for his viewing entertainment, he should have a one-on-one conversation with the supervisor/charge nurse, and/or security staff, to remind him of applicable privacy laws and common courtesy.

Welcome back, OP!

[PMFB-RN, RN]

Once, when updating the family of a trauma patient, (their first contact with anyone who had cared for their family member / patient, so my update was quite extensive) one of the teen age family members recorded my whole discussion with the family on her phone and posted it to Facebook. I was unaware that she was recording everything. Management found out about it and our risk manager called her parents and got it taken down from Facebook.

Another time I walked in the my intubated & sedated trauma patient's room and found his buddy (a kid about 17 years old) video taping everything with his phone. I told him that wasn't allowed and he had to delete the video. He refused and started to walk out. I stopped him by holding onto his arm and forced the phone out of his hand. Not being a cop I just found the video and deleted it, then banned him from visiting. He complained to the patient advocate but I never heard anything about it.

[xoemmylouox, ASN, RN]

Once, when updating the family of a trauma patient, (their first contact with anyone who had cared for their family member / patient, so my update was quite extensive) one of the teen age family members recorded my whole discussion with the family on her phone and posted it to Facebook. I was unaware that she was recording everything. Management found out about it and our risk manager called her parents and got it taken down from Facebook.

Another time I walked in the my intubated & sedated trauma patient's room and found his buddy (a kid about 17 years old) video taping everything with his phone. I told him that wasn't allowed and he had to delete the video. He refused and started to walk out. I stopped him by holding onto his arm and forced the phone out of his hand. Not being a cop I just found the video and deleted it, then banned him from visiting. He complained to the patient advocate but I never heard anything about it.

I would not suggest putting your hands on a visitor of a patient. This is asking for a lawsuit for "injury". Instead call for security. Let them do their job while you focus on yours (caring for the patient).

[Esme12, ASN, BSN, RN]

1) Have you ever caught or suspected a patient or family recording events in the ED? Yes and they were escorted off the premises.

2) Does your facility have a specific, written policy regarding same? Yes we do....and there are signs posted everywhere.

3) Do you have any signs posted which specifically prohibit filming? see above.

I know of a case where a patient family secretly photographed a nurse at the workstation and then posted it to Yelp with a complaint. It was seen by another nurse who contacted both the poster and Yelp stating that it was an invasion of privacy and the poster pulled the photo. Unfortunately...A nurse can be photographed. The whole privacy thing is a weird business. The nurse does not have the expectation of privacy therefore there is none. Just like you can be photographed at the mall without your permission...however they need to seek permission if they "publish" the photo publicly. The laws have NOT kept up with technology and I think they will be challenged and changed. But right now as the nurse while on duty you can be photographed.

4) Does anybody think that this is going to be an ever increasing problem? Yep....it is going to be a huge problem and one that the facility needs to get on the ball and develop policies that prohibit this activity

5) Do you think that your facility's risk management group is (a) aware and (b) proactive in this area? I have worked at one place that wasn't proactive and two that were...one of those two took it very seriously....incidentally they were Union.

I would have had the supervisor down there with the first site he was filming or even had the phone pointed in the direction. He did it again he would be escorted away. As far as the door being closed....it depends on how the CT room was constructed. I have seen some that if the gurney is in the room the door cannot be closed.

[PMFB-RN, RN]

I would not suggest putting your hands on a visitor of a patient. This is asking for a lawsuit for "injury". Instead call for security. Let them do their job while you focus on yours (caring for the patient).

Oh I agree completely! I would never suggest anyone do what I did. I got away with it, that time. Next time I might not be so lucky.

[foragreatergood]

Recently, during an exceptionally chaotic day, I had a combative drunk in the hallway. He was unsteady on his feet and was refusing to sit in wheelchair and threatening to leave. He had been petitioned by police because he made suicidal statements to them. So I'm trying to explain why he cant leave ( wasting my breath). Some patients/visitors in the hallway became entertained by this, especially when he started asking me for a date after work. I suddenly realized that a visitor was recording me on his phone. But I couldn't even

approach him because if I walked away from the pt, I knew he would likely fall as he tried to get up. Im calling charge and security and getting no help. The guy keeps recording.

Fortunately I had kept my cool even prior to realizing I was recorded. But some of the things I said to the intoxicated pt could have been taken out of context " If you continue to attempt to leave I am calling security" etc.. It really bothered me and I wondered have I been recorded before and just not realized it? I do think this is probably happening more often than we even know.

After the drunk was taken to a room I did approach the guy who recorded me. I told him he violated the privacy of other patients in the hallway. Security also approached him but they did not have the authority to take his phone and check it. I wonder if it will end up on youtube one day.

A few months back we had a young girl die of an overdose in our dept. She lived in my hometown and was friends with some of the same people I am friends with on facebook. Unbeknownst to me, her sister took a picture of her dead body while I was in the room with my back turned - I had no idea she took it, but some ppl recognized me in the picture that the sister posted ( she was 17 years old...and I guess in her grief didn't realize how inappropriate it was to post a pic of dead body) . The pic ended up on my fb page with me tagged! Yikes! I deleted my facebook for a while after that!!

[Christy1019, ASN, RN]

Recently, during an exceptionally chaotic day, I had a combative drunk in the hallway. He was unsteady on his feet and was refusing to sit in wheelchair and threatening to leave. He had been petitioned by police because he made suicidal statements to them. So I'm trying to explain why he cant leave ( wasting my breath). Some patients/visitors in the hallway became entertained by this, especially when he started asking me for a date after work. I suddenly realized that a visitor was recording me on his phone. But I couldn't even

approach him because if I walked away from the pt, I knew he would likely fall as he tried to get up. Im calling charge and security and getting no help. The guy keeps recording.

Fortunately I had kept my cool even prior to realizing I was recorded. But some of the things I said to the intoxicated pt could have been taken out of context " If you continue to attempt to leave I am calling security" etc.. It really bothered me and I wondered have I been recorded before and just not realized it? I do think this is probably happening more often than we even know.

After the drunk was taken to a room I did approach the guy who recorded me. I told him he violated the privacy of other patients in the hallway. Security also approached him but they did not have the authority to take his phone and check it. I wonder if it will end up on youtube one day.

A few months back we had a young girl die of an overdose in our dept. She lived in my hometown and was friends with some of the same people I am friends with on facebook. Unbeknownst to me, her sister took a picture of her dead body while I was in the room with my back turned - I had no idea she took it, but some ppl recognized me in the picture that the sister posted ( she was 17 years old...and I guess in her grief didn't realize how inappropriate it was to post a pic of dead body) . The pic ended up on my fb page with me tagged! Yikes! I deleted my facebook for a while after that!!

Wow, how weird of her family, and scary for you!!