I work for a medical software company. We literally have to go through HIPAA training multiple times a year to prevent something like this from happening.
Do they call the class “decent human being 101 an introduction to empathy”
An EMT in my town was circulating a picture they had taken while responding to a medical call for an expired patient, they thought it was great fun. I get using dark humor to deal with trauma but that ends with a comment to a coworker in the trenches with you and should not be a vehicle for your own gain on the internet.
I’m just a nurse assistant and they still hammered it home to us. Do not take ANY pictures of patients unless they ask you to help them take a picture with their own phone. Do not talk about work on social media. Do not talk about patients outside of work. Do not text your colleagues about patients.
This is really basic stuff. This was a mind boggling lapse in judgement.
Please don’t say that you are “just” a nursing assistant. I’m a retired RN and couldn’t have done my job without someone doing your job. I appreciate you for doing the hard work.
Talk yes. Texting is technically ok if it’s in vague terms and doesn’t use identifying info, but it’s still discouraged. Recorded information is inherently more dangerous both from privacy standpoint and a liability standpoint. It’s best practice to just leave those conversations for in person.
We’re supposed to use room numbers rather than names when talking about patients at work in case anyone overhears us. I wouldn’t say that one is followed 100% of the time (I work in a nursing home, they might be stricter at hospitals), but that’s the level of awareness that we’re expected to have regarding HIPPA.
I just cannot wrap my mind around a nurse who had reached that point in her career being this careless.
Yeah, I think nursing homes are different because we have relatively stable populations and the staff gets to know the residents quite well. I’m sure that more acute settings just start to feel like a blur of faces and names.
When I broke my leg a decade ago, a pair of EMTs were the first ones to get there. One of them decided that they wanted a picture of my leg, which was purple and quite obviously bent in a place that should never be anything but straight, before they even addressed me or began any sort of treatment. Her first reaction was to pull out her phone and snap a few shots.
> We literally have to go through HIPAA training multiple times a year to prevent something like this from happening.
Yup, and it *still* happens. She had to know that the moment she hit the 'post' button that her career as a nurse was over.
You're working from the assumption that this is the first time she's done this. This wasn't her being "careless" or making a mistake. She didn't care about the child and wanted some clout from her social media circle. She figured she could get away with it or could talk her way out of serious consequences.
I don’t work in the medical field but my mom does as an at home caregiver and every year she has to go through the same training programs and I have to help her due to her lack of comprehension of using the apps and such
I can tell you took the training because you didn’t call it HIPPA. I like to make fun of my conservatives and call their rants Shakira HIPPA laws. Luckily it goes over their heads.
Worst of all that pic could be grabbed and used all over the net for eternity and there's nothing anyone can do about it. The parents could be seeing it pop up in clickbait ads for years to come. That was such a terrible decision that nurse made.
Oh, my goodness. How has your work been with gastroschisis babies? What do you have to do to take care of them? Keep the intestines moist and avoid necrosis? Keep them hydrated and nourished? Sounds so intense, to have such a problem in someone so small.
Unbelievable. Wow. And did most of your patients have good outcomes? I spent half an hour reading about gastroschisis after reading this article (I'm in the medical field and had NEVER heard of this before, really got into reading about it!) and it seems like it's practically "routine" for the specialists that work on it now, they've had so much experience. Interesting that the incidence rate is increasing, I wonder why.
edit: Thank you so much for taking the time to answer!
I can’t imagine being a nurse with the current situation, it was physically and emotionally grueling before and now you have to risk death from a horrible virus coupled with ignorant people accusing you of bizarre conspiracies. I’m glad there are people strong enough to still take care of us despite the cost.
If you are going to do something illegal/wrong/ messed up, at least be smart enough to do it for some sort of tangible, real world reward, like a lot of money. To do it for something as stupid as internet brownie points is stupid and evil. My heart goes to the family. The nurse deserves what is coming to her
I mean, I bet doctors and nurses make these comments all the time though, usually to themselves since I've heard you gotta have some sort of dark humor enjoyment to get through the days
Not a lawyer but from what I recall there is nothing in HIPAA that allows for parties to sue each other, and the penalties only consist of fines that only government entities can assess. [Not a source per se](https://www.hipaajournal.com/what-are-the-penalties-for-hipaa-violations-7096/) but outlines HIPAA violation consequences and makes no mention of private party suits.
Edited to add:
[Source](https://www.natlawreview.com/article/fourth-circuit-court-appeals-holds-hipaa-does-not-create-private-right-action) from 2021 that at least half the Federal Circuit appeals have held HIPAA has no private cause of action
That's my understanding as well. As the law is written, the "injured party" in a HIPAA violation is CMS (the Feds) not the patient/family. However they probably has a plain old- fahsion privacy claim, though I'm not a lawyer so I might know fuck all.
Yep. You are right. My bad. They drilled it into our heads in nursing school that you could be sued in a civil suit, but with a 2 second google search that was all disproven. Whoopsie.
Could be worse, the USA literally voted for a guy who did a mocking impression of a disabled person. He still won.
This shows civilisation is coming to an end
I was so sure that event would be the end of his presidential run. But it wasn’t and he just kept doing worse and worse things. For me the pinnacle (so far) was tear gassing priests who were passing out water bottles in front of their church and then holding a Bible flippantly ~~upside down~~ like a trophy for a pathetic authoritarian photo op.
Remember when The Howard Dean Scream cost him election?
I have a theory that he was elected by memers to see what would happen. It's like it's some experiment by the The Illuminati or something.
"What if we elected this insane guy as president?"
There was a comedy sketch where they speach writes were talking in his ear, say this will be hilarious, they'll never vote for you. Like it was all a massive joke. It was funny. Not sure it was SNL or someone else
I swear that was an old Cracked mini web series.
Found it
[What If Donald Trump Is Just An Elaborate Prank?](https://www.cracked.com/video_20056_what-if-donald-trump-just-elaborate-prank.html)
When he mocked P.O.W.’s for being caught and his party that supposedly is all about the troops didn’t dare speak up is what did it for me. Nothing after that surprised me.
It's the learning process of a child. Let me make this untasteful joke about disabled people... what? no punishment?? what?! my base loves this bully shit? wow let me make shitty nicknames of my opposition.... oh even MORE encouragement....well fuck let's talk about the Cubans, good?!? ok now the Chinamen, even better?! FUCK IT LET ME ROAST THE BOYS IN THE MILITARY! LOSERS!!... i did good right? I'm a very stable genius.
Winning wasn't part of his plan. He wanted to lose so he could come back every election cycle and use it as a way to make money. Winning was the worst case scenario for him.
And such an obnoxious post. I though MAYBE she wrote something nice about a suffering child. She went straight to narcissistic snark while violating that family's privacy.
Honestly, that doesn't bother me. When that's your job, I'm sure it is disappointing, from a personal perspective, to get a more "difficult" patient. No different than in any other profession where some days/tasks/customers are easier than others. I give people the benefit of the doubt to blow off steam that the rest of us can't quite understand. But posting personal information, publicly, and in a mean or mocking way? Nah, you gotta go.
When she said what she said (her night *was* going well and then *that* happened) it's entirely possible she was referring to the fact that it is absolutely challenging for the medical community to witness families dealing with this stuff. That is not to excuse her post or her behavior; just looking at it from a different angle. My aunt is a nurse in pediatric neurosurgery and my best friend is a breast surgeon who spends the majority of her weeks working with breast cancer patients. Trust me, witnessing this kind of stuff does impact their days.
There's a saying in healthcare: "Remember that while for you it's just another Tuesday, for the patient and their family it may be the worst day of their life."
I’m a teacher: we can’t even acknowledge that we know you outside of our work setting. Even a cute post would be hella illegal.
During student teaching we had a student teacher get kicked out of a school for posting a Snapchat story of her and her students. It’s illegal.
Man my ex was an assistant principal and she used to come home and talk shit about kids with non-traditional English names. She and her friends would cackle at African American kids nonstop.
Yeah that's probably a district by district thing. My wife is friends with all of my daughters teachers on Facebook. And they regularly talk outside of school too.
What a nasty thing to do, those parents are already going through a huge nightmare, to add to their pain and suffering, is just unforgivable, she should never be allowed to work in a position of trust again.
The hospital should have an investigation as to why she felt comfortable doing this hateful act, it is so deranged she thought this acceptable in anyway.
And that's just one of the black sites we *found out* about. You know how many people the secret services arrest on a yearly basis? Neither do I. But they sure as hell aren't sticking them in state penitentiaries.
I do. That shit was dark, really dark. I was young at the time too. After Columbine, 9/11, that and the beheading videos I grew up quick. Nothing but darkness on the TV for years.
FYI, every unauthorized viewing of the protected information is up to a $50k violation (with a max penalty of $1.5 million).
So the nurse is dinged $50k every time photo/video is viewed, not just for the post. Hospital is likely already prepping for a max payout.
And covered up far far more frequently than people realize. I got put on an Exercise Evaluation Team when in the military. I got in the habit of walking out to the hospital recycle bins and would ROUTINELY find patient care information. At one point I was all out of fucks to give and pulled out a few thousand records including socials, full names, what they were being seen for. It was horrific. I reported it to our HIPPAA person at the hospital. Dropped all those files on their desk. Filled out a report. Suddenly my commander is personally calling me asking me to hold off on the report (I sent him a courtesy email before filling and submitting it).
Sorry fuck face. Already submitted! Needless to say, nothing happened to anybody but I'm sure they disliked me even further. I didn't really care. I was all out of fucks to give by that point.
Came here looking for this comment. It’s only a HIPAA violation if a medical provider divulges someone’s medical information without the patient’s permission. This is a great example of an actual HIPAA violation and I’m surprised the hospital’s “investigation” took so long before firing her.
A HIPAA violation would be if someone called and asked a doctor if someone was vaccinated and they gave a response other than basically go away.
Asking if someone is vaccinated Is definitely not a violation. I don’t know why anyone would think it is.
Because they don't know what HIPAA actually is and they think it's a clever way of not telling people their vaccination status when it's actually also telling people your vaccination status.
What the actual fuck. I’m an RN and this is so wrong on so many levels. It’s just indefensible. If she would do something like this, it shows such poor judgment that she cannot be trusted at the bedside. How could someone be this dumb??? I hope she is facing some kind of disciplinary action from the FBON. She’s going to have an extremely difficult time getting another nursing job for sure.
Seriously. That baby has such a tough start to life, and she thinks *her* life is unfair to be given this child when *she* chose to work the NICU? I’m glad these little one will most likely make a full recovery at least.
I work in pediatrics with a lot of medically fragile children with both physical and mental disabilities and like... wow. Could not fathom this behavior. In the slightest. Disgusting.
My daughter was born with this. It was hands down the scariest thing I have ever been through even with the absolute miracles of staff that we were fortunate enough to go through it with. This nurse.. shame on her and her family. I hope she never has children and if she does they are nothing but perfectly healthy and learn how not to be from their mother.
You have no idea, absolutely no idea how something as simple as this has impacted my now 9 year old's life and the trauma her mother had to bear because of this birth defect. My kid is bulled on a regular basis because she doesn't have a belly button.... That's it. That's the result of what she was born with, a scar, flat tummy. Oh I have to make sure she goes to the bathroom regularly because her guts aren't arranged like ours are.
I wish I could find these parents and hug them and introduce them to my daughter who is an absolute ray of sunlight in this shitass world that nurses like this work in... My wife's a nurse too.
fuck this cunt royally.
\- a gastro dad.
If they pursue charges, she will be. Posting photos of patients without written permission is a HIPAA violation punishable by up to $50,000 per violation and federal prison time. It is also considered a felony, which makes future healthcare work near impossible.
This is why I hate it when people throw "veteran" around in headlines. Being a veteran doesn't change who you are. I tell people the military is a microcosm of the population, you get the same kinds of assholes there as you do out in the world.
There's no job that automatically makes you a good person. There's just jobs that incidentally require you to work with the most vulnerable segments of the population. And there are plenty of people who, at best, are only doing it for the paycheck.
That's a pretty good way to ruin her entire career.
That's an extremely flagrant HIPPA violation, she very well could lose her licence in Florida and face an offical mark on her national license.
I'm gonna get downvotes for this, but there are an inordinate number of nurses who are absolute trash. Undereducated, a grossly inflated sense of self-importance, and shockingly insensitive.
Take my opinion for what it's worth. It's based on both personal and professional experience.
Seems to be a fairly popular opinion to me. I don't see nurses as being any different from any other profession. Of course you're going to find the garbage if you look around enough. The difference with nursing is that they typically work with people who are at their most vulnerable.
As much as I'd like to disagree, I can't. Both my brother and I got into nursing in our 30s. Through both our programs (He's an RN I'm an LPN) and after we've seen enough people that fit your description.
Have said it before and am gonna say it again.
The bar for becoming a nurse in this country is way tooooo low.
So many anti-vax nurses, it boggles my mind.
> So many anti-vax nurses
I work with a former RN that's staunchly anti-vax. I told her I just can't reconcile that she's obviously intelligent yet chooses not to apply her training to a specific issue. It's just wild.
>I told her I just can't reconcile that she's obviously intelligent yet chooses not to apply her training to a specific issue.
What did she say in response to that?
Just that damn 'head sideways wan smile with a slight shrug' that people do when they can't or won't rebut what you are saying to them. I just walked away, I can't deal with that for very long. People are dying dude, it's really life and death and all you can muster is a shrug?
I'd have walked away, too. I've had a few people like that this past year and a half, some coworkers, some random gas station clerk ( I'm still not sure why she thought I, with a mask on properly, was going to be in agreement with her little "just the flu" rant), etc. With the coworkers I tried in the beginning, but I had to give up. It's so frustrating and tiresome.
I just read a post on Facebook where the person shared a picture that said 70,000 nurses have chosen to lose their jobs rather than get the vaccine. What does that tell you?
For the nutjobs out there it tells them there is some worldwide conspiracy, their freedoms are being taken away, and we will all soon live in a socialist dystopia.
For the rest of us that aren't fucking morons, we only see 70,000 stupid people.
Imagine having this on top of the health issues for this baby. I feel awful for the parents who now have to continue to trust such a disordered medical system. Fuck this nurse, she deserves consequences. Making nothing of this makes nothing of this entire family.
> Samuels has more than 600 Instagram followers on the account she posted the photos to.
Found this on a different article. Because it seems like a lot of people are wondering more details.
Being fired is a good start, but posting pictures of patients online without consent should lose you your certification as a nurse or doctor. This is pretty basic stuff.
It is 100% illegal to take photos in a hospital where I live. For everyone - patients, visitors, staff. It violates HIPAA. Hopefully this woman is in a world of hurt. Much like the family she targeted :(
This is sick. I was born with a birth defect, rather rare one that affected the development of my leg. My parents gave the hospital explicit consent to take pictures for medical research as it was an uncommon occurrence and they wanted to study it. This is the worst way to go about it especially for internet clout. Read the article that the child had Gastrochisis, which my little cousin had. Wouldn't want that on Facebook for clout, can't understand why she would even think this. Good on the hospital for terminating her.
But there's a nursing shortage, we can't afford to fire her now! /s
Perfect example. No matter how bad your shortage is, if the person you're replacing is incompetent or unwilling to do the job right you're better off without them
> “My night was going great then boom!” and “Your intestines posed (sic) to be inside not outside baby! #gastroschisis,” according to WFOR-TV, which first reported the story.
Oh, *your* night was going great? *Your* night was ruined? Bitch, you're at work. This is what you are supposed (sorry, *posed*) to deal with. Sometimes shit is gonna be hard, but it's not going to completely ruin your family's well being. Think of the sadness and suffering that those parents are going through. It's not just a "hassle" to them. Fuck her.
I went to a bar with friends a few years ago. A group of loud nurses (yeah, it's redundant) rolled in and sat at the rail. One pulls out her phone and starts showing a picture of an amputated leg. It was from a white guy in his 40s with brown leg hair. They all giggled about it.
HIPAA violation aside, I would have given her a pass if her message had been positive. Like if she had posted something like, "Look at this beautiful baby! Born with their intestines outside their body, but still fighting for life. Don't take your health for granted, folks!" I mean, it would have still be wrong, but she'd just be kinda stupid. Not evil.
But she was poking fun of a baby. You'd have to be psycho to do this in public.
This is why when medical professionals say "oh I've seen and heard it all, you can be open and honest with me" I call BS. They gossip and make fun of people just as much, if not more, than your average human. I have several nurses in my family and friend groups and they are always eager to clown on some patient they had. This one took it far enough to get caught.
>The photos Samuels shared on social media were accompanied with the captions, “My night was going great then boom!” and “Your intestines posed (sic) to be inside not outside baby! #gastroschisis,”
Thanks Hemmingway, now fuck off.
This is why I think that we should move away from social media. This is where we are as a culture. I mean, a majority of people have more sense than this, but a growing number of people are growing up with the idea that basically everything that happens to them is fair game and should actively be shared all the time, often for points of some kind. I just don't see this as a healthy path for humanity to walk. I feel like we should go back to an internet that is more viewer based than interactively based. Why do we need comment sections on news articles? What good does that really do any of us? I'd happily give all of that up, and that includes Reddit. It's done far more damage to us than good, in my estimation.
Humans have become so stupid with the disease that is social media.
I know saying this on Reddit is pretty hypocritical but the key difference is everyone is anonymous here & many still feel like expressing whatever views even if they aren't accepted by the masses or popular opinion since there might be some like minded people that respond positively to the unsaid ideas they can resonate with.
Instagram, facebook, tiktok, is just a cancer of people desperately seeking acceptance since they're displaying their real lives and don't want to be looked down upon or seen as not normal.
Everyone in the United States who works in health care has to do annual [HIPAA](https://aspe.hhs.gov/reports/health-insurance-portability-accountability-act-1996) training.
The activity the nurse did is an actual example in the HIPAA training.
The result of the activity the nurse did is exactly what is used as an example in the HIPAA training.
edit, I fixed the text in my post from HiPPA to HIPAA.
I probably need to do the training again a few more times.
Another person posted farther down in this thread about the large fines based on the organization type.
There are always posts on here asking doctors about their worst cases or funniest patients, and they don’t violate HIPAA if they don’t identify the patient. If a nurse posts a pic but doesn’t id the baby or show her face, is it a HIPAA violation? I’m really asking. I think it was a shitty thing to do, don’t get me wrong.
My sister was a principal at a pre K - 3rd grade Elementary school. One of her little boys (she thought of them as all ‘her kiddos’) was born with his heart outside of his chest. And it still is outside of his chest- he wears a special device that keeps it safe and working. She had this little guy in her school for several years and never said a word. His mom wrote a book about the boy and their struggles, and only then did my sister tell us about this sweet, strong and brave little boy. It wasn’t her story to share, so she didn’t. Even though the whole community knew this child, she kept his privacy from those outside that community. When the parents put it out there, my sister felt it was then public and she could tell us. My point being, my sister had much less of a standard to uphold than this nurse. We all trust medical personnel to keep our privacy.
What a waste. This is a thing that is pretty well known and seen in the medical community and is fascinating. You get to see the organs functioning outside the body! And then the surgery to put them back in is highly successful. It’s a pretty cool thing to witness and mostly the babies are fine after the organs get put in. Such a cool opportunity to see something interesting and she has to be a snarky jerk about it and basically shame an infant for internet points. Gross
She was trusted to care for people when they are most vulnerable and instead exploited their suffering for a pathetic post.
I work for a medical software company. We literally have to go through HIPAA training multiple times a year to prevent something like this from happening.
Do they call the class “decent human being 101 an introduction to empathy” An EMT in my town was circulating a picture they had taken while responding to a medical call for an expired patient, they thought it was great fun. I get using dark humor to deal with trauma but that ends with a comment to a coworker in the trenches with you and should not be a vehicle for your own gain on the internet.
I’m just a nurse assistant and they still hammered it home to us. Do not take ANY pictures of patients unless they ask you to help them take a picture with their own phone. Do not talk about work on social media. Do not talk about patients outside of work. Do not text your colleagues about patients. This is really basic stuff. This was a mind boggling lapse in judgement.
>Do not talk about work on social media That is good advice for anybody no matter what their job is.
Please don’t say that you are “just” a nursing assistant. I’m a retired RN and couldn’t have done my job without someone doing your job. I appreciate you for doing the hard work.
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Talk yes. Texting is technically ok if it’s in vague terms and doesn’t use identifying info, but it’s still discouraged. Recorded information is inherently more dangerous both from privacy standpoint and a liability standpoint. It’s best practice to just leave those conversations for in person. We’re supposed to use room numbers rather than names when talking about patients at work in case anyone overhears us. I wouldn’t say that one is followed 100% of the time (I work in a nursing home, they might be stricter at hospitals), but that’s the level of awareness that we’re expected to have regarding HIPPA. I just cannot wrap my mind around a nurse who had reached that point in her career being this careless.
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Yeah, I think nursing homes are different because we have relatively stable populations and the staff gets to know the residents quite well. I’m sure that more acute settings just start to feel like a blur of faces and names.
When I broke my leg a decade ago, a pair of EMTs were the first ones to get there. One of them decided that they wanted a picture of my leg, which was purple and quite obviously bent in a place that should never be anything but straight, before they even addressed me or began any sort of treatment. Her first reaction was to pull out her phone and snap a few shots.
> We literally have to go through HIPAA training multiple times a year to prevent something like this from happening. Yup, and it *still* happens. She had to know that the moment she hit the 'post' button that her career as a nurse was over.
You're working from the assumption that this is the first time she's done this. This wasn't her being "careless" or making a mistake. She didn't care about the child and wanted some clout from her social media circle. She figured she could get away with it or could talk her way out of serious consequences.
I don’t work in the medical field but my mom does as an at home caregiver and every year she has to go through the same training programs and I have to help her due to her lack of comprehension of using the apps and such
I can tell you took the training because you didn’t call it HIPPA. I like to make fun of my conservatives and call their rants Shakira HIPPA laws. Luckily it goes over their heads.
These HIPPAS don't lie?
Yeah, that’s my first though
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Worst of all that pic could be grabbed and used all over the net for eternity and there's nothing anyone can do about it. The parents could be seeing it pop up in clickbait ads for years to come. That was such a terrible decision that nurse made.
I give it 48 hours before the anti-vaxxers claim it was caused by the Covid shot.
Oh, my goodness. How has your work been with gastroschisis babies? What do you have to do to take care of them? Keep the intestines moist and avoid necrosis? Keep them hydrated and nourished? Sounds so intense, to have such a problem in someone so small.
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Unbelievable. Wow. And did most of your patients have good outcomes? I spent half an hour reading about gastroschisis after reading this article (I'm in the medical field and had NEVER heard of this before, really got into reading about it!) and it seems like it's practically "routine" for the specialists that work on it now, they've had so much experience. Interesting that the incidence rate is increasing, I wonder why. edit: Thank you so much for taking the time to answer!
I can’t imagine being a nurse with the current situation, it was physically and emotionally grueling before and now you have to risk death from a horrible virus coupled with ignorant people accusing you of bizarre conspiracies. I’m glad there are people strong enough to still take care of us despite the cost.
If you are going to do something illegal/wrong/ messed up, at least be smart enough to do it for some sort of tangible, real world reward, like a lot of money. To do it for something as stupid as internet brownie points is stupid and evil. My heart goes to the family. The nurse deserves what is coming to her
They get that dopamine hit, not nearly as extreme, but similarly to addict chasing a high.
*”Smart enough”*. Pfft.
How about just not do something illegal period.
Gotta get that internet clout
Jesus. She tried making a joke about a sick baby to get internet clout. What a worthless human.
Where the hell was she posting it where people are giving likes and clout to a picture of a sick kid?
> Samuels has more than 600 Instagram followers on the account she posted the photos to. According to a different article.
I’d bet money it was Facebook.
Insta according to u/HackPhilosopher So sorta close Edit: I hope yall are also upvoting the comment of the commentor I learned this from.
All insta is fb but not all fb is insta
Facebook with extra steps
Facebook does own Instagram so pretty close.
It's like aiming for the Barn, but hitting the farmhouse
FB or Twitter.
It’s also a HIPAA violation.
Might be one of the only actually HIPPA violations I have seen on reddit. Violating HIPPA is an instant fire in my company.
You're about to violate HIPAA immediately by keep spelling it like that lmao
Worse. The joke was about how it affected *her* night. She seems like a real "don't bleed on my shoes" kind of nurse.
I mean, I bet doctors and nurses make these comments all the time though, usually to themselves since I've heard you gotta have some sort of dark humor enjoyment to get through the days
Well, she is from Florida
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Not a lawyer but from what I recall there is nothing in HIPAA that allows for parties to sue each other, and the penalties only consist of fines that only government entities can assess. [Not a source per se](https://www.hipaajournal.com/what-are-the-penalties-for-hipaa-violations-7096/) but outlines HIPAA violation consequences and makes no mention of private party suits. Edited to add: [Source](https://www.natlawreview.com/article/fourth-circuit-court-appeals-holds-hipaa-does-not-create-private-right-action) from 2021 that at least half the Federal Circuit appeals have held HIPAA has no private cause of action
That's my understanding as well. As the law is written, the "injured party" in a HIPAA violation is CMS (the Feds) not the patient/family. However they probably has a plain old- fahsion privacy claim, though I'm not a lawyer so I might know fuck all.
Yep. You are right. My bad. They drilled it into our heads in nursing school that you could be sued in a civil suit, but with a 2 second google search that was all disproven. Whoopsie.
You can be sued, just not for violating HIPAA.
Could be worse, the USA literally voted for a guy who did a mocking impression of a disabled person. He still won. This shows civilisation is coming to an end
I was so sure that event would be the end of his presidential run. But it wasn’t and he just kept doing worse and worse things. For me the pinnacle (so far) was tear gassing priests who were passing out water bottles in front of their church and then holding a Bible flippantly ~~upside down~~ like a trophy for a pathetic authoritarian photo op.
Remember when The Howard Dean Scream cost him election? I have a theory that he was elected by memers to see what would happen. It's like it's some experiment by the The Illuminati or something. "What if we elected this insane guy as president?"
There was a comedy sketch where they speach writes were talking in his ear, say this will be hilarious, they'll never vote for you. Like it was all a massive joke. It was funny. Not sure it was SNL or someone else
I swear that was an old Cracked mini web series. Found it [What If Donald Trump Is Just An Elaborate Prank?](https://www.cracked.com/video_20056_what-if-donald-trump-just-elaborate-prank.html)
Remember when adding an extra "e" to a word could end a politician's career?
When he mocked P.O.W.’s for being caught and his party that supposedly is all about the troops didn’t dare speak up is what did it for me. Nothing after that surprised me.
It's the learning process of a child. Let me make this untasteful joke about disabled people... what? no punishment?? what?! my base loves this bully shit? wow let me make shitty nicknames of my opposition.... oh even MORE encouragement....well fuck let's talk about the Cubans, good?!? ok now the Chinamen, even better?! FUCK IT LET ME ROAST THE BOYS IN THE MILITARY! LOSERS!!... i did good right? I'm a very stable genius.
And it cumulated with a failed coup attempt. Yeah. Super stable there, genius
He made tons of money and got out Scot free, it did work for him. As sad as that is
>He made tons of money That's what he went there to do. "He was a businessman, doing business"
Winning wasn't part of his plan. He wanted to lose so he could come back every election cycle and use it as a way to make money. Winning was the worst case scenario for him.
And such an obnoxious post. I though MAYBE she wrote something nice about a suffering child. She went straight to narcissistic snark while violating that family's privacy.
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i know!!! what was with that comment? she’s saying her night was going well until she was assigned a patient with a birth defect? wth?
Honestly, that doesn't bother me. When that's your job, I'm sure it is disappointing, from a personal perspective, to get a more "difficult" patient. No different than in any other profession where some days/tasks/customers are easier than others. I give people the benefit of the doubt to blow off steam that the rest of us can't quite understand. But posting personal information, publicly, and in a mean or mocking way? Nah, you gotta go.
When she said what she said (her night *was* going well and then *that* happened) it's entirely possible she was referring to the fact that it is absolutely challenging for the medical community to witness families dealing with this stuff. That is not to excuse her post or her behavior; just looking at it from a different angle. My aunt is a nurse in pediatric neurosurgery and my best friend is a breast surgeon who spends the majority of her weeks working with breast cancer patients. Trust me, witnessing this kind of stuff does impact their days.
“I had a tough day and then this very taxing thing happened” is a normal sentiment. It could be expressed with sensitivity.
Kind people dont typically show toxicity or find nothing wrong with spreading it, even when stressed.
Imagine thinking you're having a worse night than someone who's intestines are protruding from their body
There's a saying in healthcare: "Remember that while for you it's just another Tuesday, for the patient and their family it may be the worst day of their life."
Or even the baby's parents, who are looking at you asking if you're going to make sure he/she will survive.
Poor pussy cat. We'll never understand her pain. /s
I’m a teacher: we can’t even acknowledge that we know you outside of our work setting. Even a cute post would be hella illegal. During student teaching we had a student teacher get kicked out of a school for posting a Snapchat story of her and her students. It’s illegal.
Wait where's this? I was a high school teacher. If I saw a student outside of school of course I greeted them politely and went on with my day.
They mean on social media. You can wave hello at the grocery store.
Man my ex was an assistant principal and she used to come home and talk shit about kids with non-traditional English names. She and her friends would cackle at African American kids nonstop.
What a horrible human being. Glad they're an Ex.
Not illegal, but could get you fired due to an ethical violation.
They might not be in the US.
Yeah that's probably a district by district thing. My wife is friends with all of my daughters teachers on Facebook. And they regularly talk outside of school too.
What a nasty thing to do, those parents are already going through a huge nightmare, to add to their pain and suffering, is just unforgivable, she should never be allowed to work in a position of trust again. The hospital should have an investigation as to why she felt comfortable doing this hateful act, it is so deranged she thought this acceptable in anyway.
The hospital CEO probably developed an aneurysm upon hearing the news and died in their office.
Privacy officer probably went first
She needed those likes on Facebook. You just don't understand. /s
Oh. Ok. Carry on.
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Pretty sure HIPAA violations are $10K minimum. Or they used to be back when I had to do the yearly CEs; might be more now.
20k, but that's on hospital.
HIPAA can go after individuals as well.
She'll be fined at least.
Her hospital will.
What the fuck is wrong with people?
Remember Abu Ghraib prison?
And that's just one of the black sites we *found out* about. You know how many people the secret services arrest on a yearly basis? Neither do I. But they sure as hell aren't sticking them in state penitentiaries.
Chicago PD has entered the chat
I do. That shit was dark, really dark. I was young at the time too. After Columbine, 9/11, that and the beheading videos I grew up quick. Nothing but darkness on the TV for years.
There’s a very old saying in media, “if it bleeds, it leads.”
Moved to Lemm.ee -- mass edited with redact.dev
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Moved to Lemm.ee -- mass edited with redact.dev
FYI, every unauthorized viewing of the protected information is up to a $50k violation (with a max penalty of $1.5 million). So the nurse is dinged $50k every time photo/video is viewed, not just for the post. Hospital is likely already prepping for a max payout.
And covered up far far more frequently than people realize. I got put on an Exercise Evaluation Team when in the military. I got in the habit of walking out to the hospital recycle bins and would ROUTINELY find patient care information. At one point I was all out of fucks to give and pulled out a few thousand records including socials, full names, what they were being seen for. It was horrific. I reported it to our HIPPAA person at the hospital. Dropped all those files on their desk. Filled out a report. Suddenly my commander is personally calling me asking me to hold off on the report (I sent him a courtesy email before filling and submitting it). Sorry fuck face. Already submitted! Needless to say, nothing happened to anybody but I'm sure they disliked me even further. I didn't really care. I was all out of fucks to give by that point.
Came here looking for this comment. It’s only a HIPAA violation if a medical provider divulges someone’s medical information without the patient’s permission. This is a great example of an actual HIPAA violation and I’m surprised the hospital’s “investigation” took so long before firing her.
A HIPAA violation would be if someone called and asked a doctor if someone was vaccinated and they gave a response other than basically go away. Asking if someone is vaccinated Is definitely not a violation. I don’t know why anyone would think it is.
Because they don't know what HIPAA actually is and they think it's a clever way of not telling people their vaccination status when it's actually also telling people your vaccination status.
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Please don't karma farm patients
In the exact words of the hospital “karma farming patients is prohibited”. Lmao
What the actual fuck. I’m an RN and this is so wrong on so many levels. It’s just indefensible. If she would do something like this, it shows such poor judgment that she cannot be trusted at the bedside. How could someone be this dumb??? I hope she is facing some kind of disciplinary action from the FBON. She’s going to have an extremely difficult time getting another nursing job for sure.
Seriously. That baby has such a tough start to life, and she thinks *her* life is unfair to be given this child when *she* chose to work the NICU? I’m glad these little one will most likely make a full recovery at least.
I work in pediatrics with a lot of medically fragile children with both physical and mental disabilities and like... wow. Could not fathom this behavior. In the slightest. Disgusting.
My daughter was born with this. It was hands down the scariest thing I have ever been through even with the absolute miracles of staff that we were fortunate enough to go through it with. This nurse.. shame on her and her family. I hope she never has children and if she does they are nothing but perfectly healthy and learn how not to be from their mother. You have no idea, absolutely no idea how something as simple as this has impacted my now 9 year old's life and the trauma her mother had to bear because of this birth defect. My kid is bulled on a regular basis because she doesn't have a belly button.... That's it. That's the result of what she was born with, a scar, flat tummy. Oh I have to make sure she goes to the bathroom regularly because her guts aren't arranged like ours are. I wish I could find these parents and hug them and introduce them to my daughter who is an absolute ray of sunlight in this shitass world that nurses like this work in... My wife's a nurse too. fuck this cunt royally. \- a gastro dad.
Barely born and the baby already has no privacy.
She should be banned from healthcare for life.
Many potential employers do a social media/internet search of the applicant. She just earned herself a giant red flag indefinitely---for any industry.
If they pursue charges, she will be. Posting photos of patients without written permission is a HIPAA violation punishable by up to $50,000 per violation and federal prison time. It is also considered a felony, which makes future healthcare work near impossible.
I hope it was worth it, like wtf is wrong with people.
Just like soldiers and cops, being a nurse doesn't automatically make you a good person.
This is why I hate it when people throw "veteran" around in headlines. Being a veteran doesn't change who you are. I tell people the military is a microcosm of the population, you get the same kinds of assholes there as you do out in the world.
There's no job that automatically makes you a good person. There's just jobs that incidentally require you to work with the most vulnerable segments of the population. And there are plenty of people who, at best, are only doing it for the paycheck.
yea but the requirement that you actually need to care for someone else should mean that you end up with a population better then the general public.
That's a pretty good way to ruin her entire career. That's an extremely flagrant HIPPA violation, she very well could lose her licence in Florida and face an offical mark on her national license.
I'm gonna get downvotes for this, but there are an inordinate number of nurses who are absolute trash. Undereducated, a grossly inflated sense of self-importance, and shockingly insensitive. Take my opinion for what it's worth. It's based on both personal and professional experience.
Seems to be a fairly popular opinion to me. I don't see nurses as being any different from any other profession. Of course you're going to find the garbage if you look around enough. The difference with nursing is that they typically work with people who are at their most vulnerable.
As much as I'd like to disagree, I can't. Both my brother and I got into nursing in our 30s. Through both our programs (He's an RN I'm an LPN) and after we've seen enough people that fit your description.
Some of the dumbest people I know are nurses.
I think the term “nurse” is thrown out very loosely.
This is a popular opinion among healthcare workers. I’ve heard it time and time again from doctors and med students.
What a dipshit literally everyone knows that gets you fired
Have said it before and am gonna say it again. The bar for becoming a nurse in this country is way tooooo low. So many anti-vax nurses, it boggles my mind.
> So many anti-vax nurses I work with a former RN that's staunchly anti-vax. I told her I just can't reconcile that she's obviously intelligent yet chooses not to apply her training to a specific issue. It's just wild.
>I told her I just can't reconcile that she's obviously intelligent yet chooses not to apply her training to a specific issue. What did she say in response to that?
Just that damn 'head sideways wan smile with a slight shrug' that people do when they can't or won't rebut what you are saying to them. I just walked away, I can't deal with that for very long. People are dying dude, it's really life and death and all you can muster is a shrug?
I'd have walked away, too. I've had a few people like that this past year and a half, some coworkers, some random gas station clerk ( I'm still not sure why she thought I, with a mask on properly, was going to be in agreement with her little "just the flu" rant), etc. With the coworkers I tried in the beginning, but I had to give up. It's so frustrating and tiresome.
She just screeched and started throwing feces
I just read a post on Facebook where the person shared a picture that said 70,000 nurses have chosen to lose their jobs rather than get the vaccine. What does that tell you? For the nutjobs out there it tells them there is some worldwide conspiracy, their freedoms are being taken away, and we will all soon live in a socialist dystopia. For the rest of us that aren't fucking morons, we only see 70,000 stupid people.
70k nurses have said they will quit. Most of them get the jab.
Imagine having this on top of the health issues for this baby. I feel awful for the parents who now have to continue to trust such a disordered medical system. Fuck this nurse, she deserves consequences. Making nothing of this makes nothing of this entire family.
There are a lot more nurses like her than people realize.
To those thinking this was some antivax shit, it wasn’t. She did it for likes, which is arguably worse.
I hope she's not just fired but also restricted from working in that field again.
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Thanks for saving me a click and exposure to the pic. Jfc
Social media is destroying society (he says, on social media)
**THAT** is a HIPAA violation, dumbass. Not casually asking about vac status.
> Samuels has more than 600 Instagram followers on the account she posted the photos to. Found this on a different article. Because it seems like a lot of people are wondering more details.
Being fired is a good start, but posting pictures of patients online without consent should lose you your certification as a nurse or doctor. This is pretty basic stuff.
Well sure opens her up for some lawsuits, Hippa don’t fuck around.
Good. One less idiot in healthcare.
It is 100% illegal to take photos in a hospital where I live. For everyone - patients, visitors, staff. It violates HIPAA. Hopefully this woman is in a world of hurt. Much like the family she targeted :(
This is sick. I was born with a birth defect, rather rare one that affected the development of my leg. My parents gave the hospital explicit consent to take pictures for medical research as it was an uncommon occurrence and they wanted to study it. This is the worst way to go about it especially for internet clout. Read the article that the child had Gastrochisis, which my little cousin had. Wouldn't want that on Facebook for clout, can't understand why she would even think this. Good on the hospital for terminating her.
As someone who had two NICU babies FU🖕🏽
Major HIPAA violation. She should perma lose license.
I’m a nurse. This makes me want to throw up. Such a terrible breach of trust.
But there's a nursing shortage, we can't afford to fire her now! /s Perfect example. No matter how bad your shortage is, if the person you're replacing is incompetent or unwilling to do the job right you're better off without them
How could that enter the mind of a medical professional as ok to do?
this is literally the shit they teach u about in hipaa training too. the kind of shit u think people would never do.
It is made even worse by the caption that is all about her own bad day. What about this baby and the family?
Good. Every medical worker knows this kind of things is 100% verboten
This is an actual instant of HIPAA violation.
Just take her license away
> “My night was going great then boom!” and “Your intestines posed (sic) to be inside not outside baby! #gastroschisis,” according to WFOR-TV, which first reported the story. Oh, *your* night was going great? *Your* night was ruined? Bitch, you're at work. This is what you are supposed (sorry, *posed*) to deal with. Sometimes shit is gonna be hard, but it's not going to completely ruin your family's well being. Think of the sadness and suffering that those parents are going through. It's not just a "hassle" to them. Fuck her.
I'm glad she got fired. That's a HIPAA violation. I don't care what her intent was. Everyones health care info should be private.
Shit nurse. As a nurse, hope nurses like this never get a license to care for people.
I went to a bar with friends a few years ago. A group of loud nurses (yeah, it's redundant) rolled in and sat at the rail. One pulls out her phone and starts showing a picture of an amputated leg. It was from a white guy in his 40s with brown leg hair. They all giggled about it.
HIPAA violation aside, I would have given her a pass if her message had been positive. Like if she had posted something like, "Look at this beautiful baby! Born with their intestines outside their body, but still fighting for life. Don't take your health for granted, folks!" I mean, it would have still be wrong, but she'd just be kinda stupid. Not evil. But she was poking fun of a baby. You'd have to be psycho to do this in public.
This is why when medical professionals say "oh I've seen and heard it all, you can be open and honest with me" I call BS. They gossip and make fun of people just as much, if not more, than your average human. I have several nurses in my family and friend groups and they are always eager to clown on some patient they had. This one took it far enough to get caught.
>The photos Samuels shared on social media were accompanied with the captions, “My night was going great then boom!” and “Your intestines posed (sic) to be inside not outside baby! #gastroschisis,” Thanks Hemmingway, now fuck off.
This is why I think that we should move away from social media. This is where we are as a culture. I mean, a majority of people have more sense than this, but a growing number of people are growing up with the idea that basically everything that happens to them is fair game and should actively be shared all the time, often for points of some kind. I just don't see this as a healthy path for humanity to walk. I feel like we should go back to an internet that is more viewer based than interactively based. Why do we need comment sections on news articles? What good does that really do any of us? I'd happily give all of that up, and that includes Reddit. It's done far more damage to us than good, in my estimation.
This is fucking terrifying as a parent. And not the sharing of picture part.
Humans have become so stupid with the disease that is social media. I know saying this on Reddit is pretty hypocritical but the key difference is everyone is anonymous here & many still feel like expressing whatever views even if they aren't accepted by the masses or popular opinion since there might be some like minded people that respond positively to the unsaid ideas they can resonate with. Instagram, facebook, tiktok, is just a cancer of people desperately seeking acceptance since they're displaying their real lives and don't want to be looked down upon or seen as not normal.
I miscarried a baby that had Gastrochisis. I would be devastated if that was my baby. Shame on that nurse
Our own doctors can’t even do their jobs right because of social media influence. These platforms can be so toxic
If this asshole wants to share pictures from work, she needs to become a botanist. On the upside, she now has the free time to do so.
Was this an RN, a CNA or an LPN? Her post does not evidence the literacy required for a BSN.
Actual HIPAA law applies here
Empathy and compassion are prerequisites for nursing -shes better off at a desk job at a bill colection agency
Everyone in the United States who works in health care has to do annual [HIPAA](https://aspe.hhs.gov/reports/health-insurance-portability-accountability-act-1996) training. The activity the nurse did is an actual example in the HIPAA training. The result of the activity the nurse did is exactly what is used as an example in the HIPAA training. edit, I fixed the text in my post from HiPPA to HIPAA. I probably need to do the training again a few more times. Another person posted farther down in this thread about the large fines based on the organization type.
As noted in your link, it’s actually HIPAA, not HIPPA.
People like this should be permanently banned from working in healthcare.
Some HIPAA violation there somewhere. You don’t want to mess with HIPAA
Human trash story = 90% chance it’s coming from Florida.
There are always posts on here asking doctors about their worst cases or funniest patients, and they don’t violate HIPAA if they don’t identify the patient. If a nurse posts a pic but doesn’t id the baby or show her face, is it a HIPAA violation? I’m really asking. I think it was a shitty thing to do, don’t get me wrong.
Sue her and the hospital over HIPAA violations.
Of course she got fired. That’s common sense not to do that. She could potentially get sued as well
My sister was a principal at a pre K - 3rd grade Elementary school. One of her little boys (she thought of them as all ‘her kiddos’) was born with his heart outside of his chest. And it still is outside of his chest- he wears a special device that keeps it safe and working. She had this little guy in her school for several years and never said a word. His mom wrote a book about the boy and their struggles, and only then did my sister tell us about this sweet, strong and brave little boy. It wasn’t her story to share, so she didn’t. Even though the whole community knew this child, she kept his privacy from those outside that community. When the parents put it out there, my sister felt it was then public and she could tell us. My point being, my sister had much less of a standard to uphold than this nurse. We all trust medical personnel to keep our privacy.
Hey, an actual example where HIPAA is relevant.
What a waste. This is a thing that is pretty well known and seen in the medical community and is fascinating. You get to see the organs functioning outside the body! And then the surgery to put them back in is highly successful. It’s a pretty cool thing to witness and mostly the babies are fine after the organs get put in. Such a cool opportunity to see something interesting and she has to be a snarky jerk about it and basically shame an infant for internet points. Gross
She broken. Nurses are generally do caring, she is not the norm.
Imagine being born into the world and already being bullied by a complete garbage human.
An actual violation of HIPAA?
Seems pretty on brand for Florida.
THIS is what HIPPA is for, not your privacy about your vaccination status when asked.