Visitor filming during code

[Lev]

The risk management team at my hospital is faced with their latest case involving a visitor filming staff during a code. A female patient coded and didn't make it. One of the patient's male visitors, who apparently was not POA nor even related to the patient, threatened to sue the hospital and everyone involved. He said "I have you all on video and I'm going to post it online for everyone to see."

This brings a couple questions to mind.

First, what was he even doing in the room? Why didn't they clear him out? And how/why did no one notice? Only thing I can think of is he was standing outside of the room and discreetly filming while pretending to use the phone. Also, what kind of sicko films a code? Finally, and most importantly, it brings up sincere concern about our privacy as nurses.

[lub dub]

As a Nurse you can be legally filmed at work since you have no legal expectation of privacy (unless you are in the bathroom, changing room, etc).

I've never heard of this. Do you have some proof of this law?

[hunnybeeRN]

No legal expectation of privacy isn't exactly true. You do have a say as to when and how your image is used and even the right to deny the use of your image. I will pose for photos with patients (I work peds and often times parents want a picture of their baby with the nurse) and I will tolerate being filmed by families of patients as I'm doing things. I've had a family request that they record the verbal discharge instructions on their phone for review later. That's apart of my job as far as building report with patients and families. However, I do have the right to ask someone not to take the picture or film me - such as when news cameras come around during the Christmas season for their stories of people giving to the children in the hospital. That's not a part of my job description as a registered nurse. While it benefits the hospital, I am not required to be a public advocate for them on the nightly news against my wishes. It's very much context.

As far as families in codes, our policy is to allow them and to assign someone to explain the situation to them and what is being done as it is being done. Security, pharmacy, respiratory, an ICU nurse, and the chaplain all respond to codes. It is also our hospital policy that no more than 5-6 people be in the room actually working the code. All others except for family are asked to leave or wait outside. We are actually trained in simulation on how to effectively code with agitated, aggressive, or scared family members as a part of our communication training. It's been found that having family present with someone to explain the situation to them and what is being done to their loved one helps them come to terms with what the staff is doing, the purpose of it, and can also help them let go of their loved one when they do die as they have a better understanding of what was done in the attempt and the outcome of those efforts.

[Ruby Vee, BSN]

I have also heard that family that witness the code are much less likely to sue once they see all the extreme measures we take to prolong death.

Extreme measures taken to prolong death doesn't seem like a positive to me.

[Jmira.BSN.RN]

The crummy thing about idiots with camera phones, is the attention that the media gives them.

I think it's absolutely morbid to film situations where people are potentially in their last moments of life. This is the ever growing phenomenon with public emergencies as well. Everyone whips out their phone instead of helping in hopes of going viral on YouTube, Facebook, or Instagram.

[NutmeggeRN, BSN]

"That policy was instituted precisely because some visitor with more testosterone than sense took pictures of Granny's peri care while ostensibly "using the phone." "

I have to say, while the original post is unsettling, this made me laugh!

(I formatted the bolded letters)

[42pines]

Extreme measures taken to prolong death doesn't seem like a positive to me.

Every single code that I was involved in (Adult ICU) sadly fit neatly into that comment. This means that in every code that I was involved in, had it been my family I would have said "no." Nonetheless, when someone codes you do what you can and what is within your scope of practice. Hopefully codes that you see will be ones not so close to the end of life.

As far as OP. I can't see the problem--any problem.

The videotaper stated: "I have you all on video and I'm going to post it online for everyone to see."

I don't get it. Did this fellow believe that the code was done improperly? Did someone stop CPR for a smoke break? Is he trying extortion?

Let him do what he wants. The person is dead, they don't care. If the family does, let them deal with this guy.

If the code had errors, well then, interrogatories and depositions are pretty much as useful a video "if" something had been done improperly. The video would only be legally useful of it showed negligence, and I doubt there was any.

[CJ NV]

Usually the security dept.responds to codes as well to clear out the room and hallways from families and visitors.I guess it differs from hospitals to hospitals...

[Lev, MSN, RN, NP]

Usually the security dept.responds to codes as well to clear out the room and hallways from families and visitors.I guess it differs from hospitals to hospitals...

Interesting....

[jadelpn, LPN, EMT-B]

Disresectful and rude on the part of the person filming. The film maker could get in trouble for even filming such a scenario. Intention and motive leave a real bad taste in anyone's mouth, as I am sure that he is not doing any of this "for the family". There are some facilities that allow family members present during codes. If someone is not family, then they should be asked to leave by sercurity. Who unfortunetely, would need to make an impact at a time of high stress.

Looking forward, maybe a member of security needs to be on the code team for instances such as this, of high anxiety.

There has not been one code I have ever been involved in (and there have been literally hundreds) that every single member of the team has not been focused, doing whatever needs to be done, and invested in the outcome. On that aspect, film away....however, it is not in the PATIENT'S best interest that this is all going on, nor the families.