Getting a picture taken with a patient

[Eurekaa]

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Yesterday a long time patient on internal medicine inpatient was discharged, and the mother took a picture of the patient with me and the resident. She sent me a copy and I really liked it, do you think it's innocent enough to share online i.e. facebook? I wouldn't post any identifying info or anything, just wanted some opinions on the matter, thanks.

 

[mikey014]

Yesterday a long time patient on internal medicine inpatient was discharged, and the mother took a picture of the patient with me and the resident. She sent me a copy and I really liked it, do you think it's innocent enough to share online i.e. facebook? I wouldn't post any identifying info or anything, just wanted some opinions on the matter, thanks.

I wouldn't put the picture on facebook. I think it would be more appropriate to keep such a picture personal. Like part of a collage as a wallpaper of medical school pictures, printed out and kept by your desk, etc. I don't think it would be a good idea to put it on FB. If you do I would at least private your profile.

 

[Cali2]

Whatever you do, do not post the photo on facebook or any other online/public location. You will be breaching patient confidentiality and could end up in quite a bit of trouble.

 

[Anne2009]

I too think this should be kept private, but I think it is interesting how often people who go on international trips post pictures all over facebook of patients from the trip vs. pictures of patients from the US. I wonder if it is because it would be easier to identify a US patient because he/she is probably in the same community as the med student/resident?

 

[OveractiveBrain]

Whatever you do, do not post the photo on facebook or any other online/public location. You will be breaching patient confidentiality and could end up in quite a bit of trouble.

Actually I dont think you are. The patient took the picture. The patient gave you the picture. I agree some idiot in legal might mistake that as breaching HIPAA, and it should stay off the webs just in case, since you didnt take the picture, and she willingly gave it, you can do whatever you want with it.

Great Step 2 ethics question!

 

[Rendar5]

If the patient is in a hospital gown, if there is identifying information in the photo, or there is something else obvious about the picture that makes it potentially HIPAA violating, do not post it. If it's the patient after they're no longer a patient and they're obviously posing with you and it's unclear from the photo what hospital you're in, feel free to post it. Whether or not it is truly a HIPAA violation isn't as important as whether an overly zealous administrator or patient's rights advocate or an axis II patient of yours wants to be a dick about it.

 

[Bartelby]

Actually I dont think you are. The patient took the picture. The patient gave you the picture. I agree some idiot in legal might mistake that as breaching HIPAA, and it should stay off the webs just in case, since you didnt take the picture, and she willingly gave it, you can do whatever you want with it.

Great Step 2 ethics question!

I think this answer is spot on. Nothing wrong with sharing that picture for the reasons mentioned above ethically, but practically someone might hassle you over it and it probably isn't worth it.

 

[StIGMA]

Whether it is a HIPAA violation or not, it is unprofesssional (what would your school think if this happened frequently? What would other patients think if they saw it, should they expect the same friendship?). You would also likely be asked to share information about the photograph (hey, what happened to them, are they better?), placing you in a poor position. Don't share it publicly.

 

[duckie99]

Whether it is a HIPAA violation or not, it is unprofesssional (what would your school think if this happened frequently? What would other patients think if they saw it, should they expect the same friendship?). You would also likely be asked to share information about the photograph, placing you in a potentially tenuous situation. Don't share it publicly.

Exactly.

OP, why would you even consider posting something like this in the first place? What is there to gain? It is just beyond my comprehension why people post certain pictures on the internet.

I think that even if the patient has no way at all of being identified and even the eyes are blacked out, if you don't have written consent to post the picture on the internet likely it would still violate HIPAA or a governmental or institutional regulation of some kind. Even though they gave you the picture they did not consent to it being shared with others. Also no matter what the case you can not disclose who this person is.

Personally, I would shred and discard the picture. As Rendar5 said, someone can find something wrong with it no matter what. You don't want to get in trouble with HIPAA, government, or institutional violations. Even the best intentions won't go unpunished in situations like this.

 

[Rendar5]

Keep it in your scrap book or collection of personal photos, keep it in your house🙂 just keep it out of the public domain🙂

 

[inmyslumber]

If you are even wondering if it is appropriate ("innocent enough"), it is best not to post it. Keep the photo to yourself.

 

[link2swim06]

Exactly.

OP, why would you even consider posting something like this in the first place? What is there to gain? It is just beyond my comprehension why people post certain pictures on the internet.

I think that even if the patient has no way at all of being identified and even the eyes are blacked out, if you don't have written consent to post the picture on the internet likely it would still violate HIPAA or a governmental or institutional regulation of some kind. Even though they gave you the picture they did not consent to it being shared with others. Also no matter what the case you can not disclose who this person is.

Personally, I would shred and discard the picture. As Rendar5 said, someone can find something wrong with it no matter what. You don't want to get in trouble with HIPAA, government, or institutional violations. Even the best intentions won't go unpunished in situations like this.

Thats pretty harsh. I think keeping the photo private is more than sufficient. Its nice to remind yourself that you aren't a robot and neither are your patients.

 

[Siggy]

Whether or not it is truly a HIPAA violation isn't as important as whether an overly zealous administrator or patient's rights advocate or an axis II patient of yours wants to be a dick about it.

Especially since most administrators actually understand what "HIPPA" (normally the 1st sign they have no idea) actually says.

 

[dally1025]

A nurse I know was fired after posting a photo of her with the newborn baby of a close family friend of hers while the baby was still in the hospital. The family didn't have a problem with it but the hospital administration did as she was wearing scrubs despite the fact it was after her shift and she was off the clock... She was eventually re-hired after the staff stood up for her but it's not worth the risk. Keep it private.

 

[Top Gun]

Absolutely not. Keep the picture private. Do not, I repeat do not, post the picture on facebook. Its not worth the risk of getting into trouble for a HIPAA violation.

 

[Richie Truxillo]

Like others have told you, keep that picture private, even if you have permission.

 

[45408]

Don't post it. Why would you? Just keep it as a memento.

I too think this should be kept private, but I think it is interesting how often people who go on international trips post pictures all over facebook of patients from the trip vs. pictures of patients from the US. I wonder if it is because it would be easier to identify a US patient because he/she is probably in the same community as the med student/resident?

Because HIPAA doesn't apply whatsoever to foreign citizens in foreign countries.

I think that even if the patient has no way at all of being identified and even the eyes are blacked out, if you don't have written consent to post the picture on the internet likely it would still violate HIPAA or a governmental or institutional regulation of some kind.

Probably not.

Personally, I would shred and discard the picture. As Rendar5 said, someone can find something wrong with it no matter what. You don't want to get in trouble with HIPAA, government, or institutional violations. Even the best intentions won't go unpunished in situations like this.

That's absurd and completely unnecessary.