FB Post.. Thoughts?

[Deleted]

A doctor at Mercy Hospital in St. Louis, Missouri is under fire for posting a complaint about a patient on Facebook. The OB-GYN’s post read, "So I have a patient who has chosen to either no-show or be late (sometimes hours) for all of her prenatal visits, ultrasounds and NSTs. She is now 3 hours late for her induction. May I show up late to her delivery?" After a few comments, the doctor followed-up writing, "here is the explanation why I have put up with it/not cancelled induction: prior stillbirth." After the social media posts, some were calling for the doctor to be fired, while others defended her, saying that she is still a good physician. The hospital privacy compliance staff determined that the doctor’s comments did not breach privacy laws, but they were inappropriate. Mercy hospital apologized for the incident, and while they would not comment on the disciplinary actions, they asserted that they would reinforce their high employee standards.




FWIW I think this doctor is an idiot.  Grow up. 

[Bernadine]

I agree with the hospital- not illegal, but yes, inappropriate.

[lilafowler]

Totally inappropriate.

[melodramatic26]

wtf to the doctor posting on facebook. Is there no common sense left anymore in regards to what is appropriate to post on social media? I'm pissed at the doctor.

[joenali]

Think before you post people!!

[Deleted]

the doctor sounds like an asshole, but not a lawbreaker.

that said, so does the patient.

[hopecounts]

Inappropriate.
Did the doctor think about the fact that after a stillbirth maybe the Mom has some PTSD issues related to pregnancy and delivery and it's hard for her to make herself walk in there because she's afraid of bad news?

[CheshireGrin]

Strictly speaking, not against HIPAA. But YES - completely and utterly inappropriate and that doctor should be ashamed of herself. Sure, you can think those things. Sure, you can share them with your coworkers, or perhaps your family. Medicine is stressful, and we all need to vent.

But kindly have enough common fucking sense to know that you cannot post things like that in a semi-public setting. (I don't care what your so-called privacy settings are, or who was entitled to see the post. Things like that get around - as this one obviously did.)

[bcv513]

That doctor's stupid and rude

[Deleted]

Doctors need an outlet too. Presumably the mom wasn't her facebook friend. I don't think it's a big deal.

[Deleted]

I agree. Not illegal but shows horrible judgement and totally inappropriate. Fucking people
BTW I am a total grouch today.

[joenali]

Teachers get fired for complaining about their jobs on Facebook.

[Deleted]

Totally inappropriate but not illegal. I don't think I would expect her to be fired but I would for sure be finding a new doctor.

[ECB]

Feb 6, 2013 9:46:34 GMT -5 cville said:

the doctor sounds like an asshole, but not a lawbreaker.

that said, so does the patient.

My thoughts too.

The initial post - eh, whatever.  It doesn't really bother me.  But the follow up - THAT is where I really feel the doctor crossed the line.

[partiallysunny]

Feb 6, 2013 9:53:43 GMT -5 ECB said:

Feb 6, 2013 9:46:34 GMT -5 cville said:

the doctor sounds like an asshole, but not a lawbreaker.

that said, so does the patient.

My thoughts too.

The initial post - eh, whatever.  It doesn't really bother me.  But the follow up - THAT is where I really feel the doctor crossed the line.

Agreed.

[Deleted]

Feb 6, 2013 9:45:59 GMT -5 Lucy Honeychurch said:

Totally fucking inappropriate. I don't know if I'd want her fired, but I'd want her severely censured. Presumably the patient in question would recognize herself, and that violates confidentiality.

i do not believe this is an accurate statement of the law.  for example, in the typhoid post below presumably the person who has typhoid and works in food service in that city knows that everyone is talking about him or her, yet disclosure of the incidence of typhoid without further identifying information is permissible (and, in that case, encouraged due to the fact that it serves a public health protection purpose).

[Deleted]

Even doctors are susceptible to vaguebooking and posting shit inappropriately online.









We're doomed.

[julez]

Whether or not the patient might potentially recognize herself, the doctor should have never post anything about a patient, direct or otherwise. Even if it's not illegal, it's certainly against every hospital policy I've ever seen.

[Deleted]

i'm pretty sure that the standard for what is and is not permissible disclosure of patient information is not whether or not the patient could figure out if he was the person being discussed.

this doctor was not professional, but i do not believe she or he broke the law.

[CheshireGrin]

Feb 6, 2013 10:07:17 GMT -5 Lucy Honeychurch said:

hm. I'm not sure, though. The whole point of the rule is to encourage trust between a patient and a physician; if the patient doesn't trust the physician, they won't tell the truth. In this matter, the doctor has clearly violated that trust in that the patient, upon recognition of herself in this rather specific set of circumstances, certainly wouldn't ever trust that particular doctor again with any kind of personal information.

In the typhoid case, I think an exception can be and is made because of a larger concern for the public health.

Lucy, while you are correct, this is an ethical concern, not a legal one. Patient privacy laws have little to do with trust except in the most extrapolative sense.

Typhoid (along with various other communicable diseases) are reportable to the CDC as public health concerns, and as such, disclosure of certain (non-identifying) demographic information is not protected by HIPAA.

[Deleted]

Feb 6, 2013 10:10:15 GMT -5 Lucy Honeychurch said:

cville, I do think we're maybe talking about two different things. Legally speaking there is no framework for confidentiality except in court proceedings, I don't think. But ethically speaking, according to the AMA, the doctor clearly violated basic ethical rules of practice.

i don't know what you mean here.  of course there's a framework for what is and is not permissible disclosure outside of the court room.  hell, there are hundreds of pages of regulation on it.  otherwise, how do doctors and patients know what can and cannot be disclosed?

[julez]

Feb 6, 2013 10:12:19 GMT -5 cville said:

i'm pretty sure that the standard for what is and is not permissible disclosure of patient information is not whether or not the patient could figure out if he was the person being discussed.

this doctor was not professional, but i do not believe she or he broke the law.

I'm completely shocked that this hospital doesn't have a written "don't ever post about our/your patients on social media, ever" policy. I have signed such forms. Seems like these situations are precisely what they are protecing against.

[fuckyourcouch]

Feb 6, 2013 9:46:34 GMT -5 cville said:

the doctor sounds like an asshole, but not a lawbreaker.

that said, so does the patient.

this is where i am.

[Deleted]

Feb 6, 2013 10:16:31 GMT -5 julez said:

Feb 6, 2013 10:12:19 GMT -5 cville said:

i'm pretty sure that the standard for what is and is not permissible disclosure of patient information is not whether or not the patient could figure out if he was the person being discussed.

this doctor was not professional, but i do not believe she or he broke the law.

I'm completely shocked that this hospital doesn't have a written "don't ever post about our/your patients on social media, ever" policy. I have signed such forms. Seems like these situations are precisely what they are protecing against.

if so, then the "law" broken was a breach of contract, not a legal confidentiality violation.

again, allow me to emphasize that i wouldn't want this OB within 15 miles of my hooch.  i'm just talking about "how" he or she was wrong.  ethically?  yes.  morally?  yes.  in terms of professionalism?  yes.  hipaa?  no.  state privacy law?  apparently not, according to the story.  contract with hospital?  apparently not, according to the story.

[Deleted]

Feb 6, 2013 10:17:18 GMT -5 Lucy Honeychurch said:

I don't think she broke the law, either; but I think she violated the code of ethics in place for physicians, which can result in censure/probation/removal of license/removal from the AMA.

you should go to law school.  moving the ball midway through the discussion is a classic, and often effective technique. 

[thebamker]

I don't even see the big deal.

[CheshireGrin]

Feb 6, 2013 10:19:33 GMT -5 cville said:

Feb 6, 2013 10:16:31 GMT -5 julez said:

I'm completely shocked that this hospital doesn't have a written "don't ever post about our/your patients on social media, ever" policy. I have signed such forms. Seems like these situations are precisely what they are protecing against.

if so, then the "law" broken was a breach of contract, not a legal confidentiality violation.

again, allow me to emphasize that i wouldn't want this OB within 15 miles of my hooch.  i'm just talking about "how" he or she was wrong.  ethically?  yes.  morally?  yes.  in terms of professionalism?  yes.  hipaa?  no.  state privacy law?  apparently not, according to the story.  contract with hospital?  apparently not, according to the story.

I'm surprised by this too, because I thought pretty much all hospitals had social media policies these days. Certainly all the ones I've had contact with do. I'm willing to bet that if the hospital in question doesn't have one currently, they will have one in very short order.

But, as cville said, that would still be a question of violating hospital policy rather than breaking a law.

[thebamker]

Feb 6, 2013 10:22:15 GMT -5 cville said:

Feb 6, 2013 10:17:18 GMT -5 Lucy Honeychurch said:

I don't think she broke the law, either; but I think she violated the code of ethics in place for physicians, which can result in censure/probation/removal of license/removal from the AMA.

you should go to law school.  moving the ball midway through the discussion is a classic, and often effective technique. 

LOL!

[Deleted]

Feb 6, 2013 10:24:06 GMT -5 Lucy Honeychurch said:

Feb 6, 2013 10:22:15 GMT -5 cville said:

you should go to law school.  moving the ball midway through the discussion is a classic, and often effective technique. 

I don't want to.  I don't like lawyers. 

up your nose with a rubber hose.

[thebamker]

Feb 6, 2013 10:23:20 GMT -5 CheshireGrin said:

Feb 6, 2013 10:19:33 GMT -5 cville said:

if so, then the "law" broken was a breach of contract, not a legal confidentiality violation.

again, allow me to emphasize that i wouldn't want this OB within 15 miles of my hooch.  i'm just talking about "how" he or she was wrong.  ethically?  yes.  morally?  yes.  in terms of professionalism?  yes.  hipaa?  no.  state privacy law?  apparently not, according to the story.  contract with hospital?  apparently not, according to the story.

I'm surprised by this too, because I thought pretty much all hospitals had social media policies these days. Certainly all the ones I've had contact with do. I'm willing to bet that if the hospital in question doesn't have one currently, they will have one in very short order.

But, as cville said, that would still be a question of violating hospital policy rather than breaking a law.

Ok but you have posted things, here, about what happened at work.  Is that not the same thing?  Not that I care, I think your stories are harmless and entertaining and I'm glad you do it sometimes... but what if that person was a poster here and realized you were talking about her.... or someone she knew?

If she got all up in arms I would be all "stfu, we didn't know it was you till you started squawking about it."