A nursing student got a thank-you card from a patient's family and had another student take a photo of the student with the family
The student asks the nursing instructor if it would be alright to post the photo on Facebook. Which response by the instructor is best?
a.
"Yes, as long as you ask the family if that would be OK."
b.
"I think that would be OK, but you should check hospital policy."
c.
"No, posting pictures of patients and families on social media sites is not acceptable."
d.
"No, that could lead to a malpractice suit by the patient or family."
ANS: C
A
Confidentiality and Health Insurance Portability and Accountability Act of 1996 (HIPAA) regulations place severe restrictions on nurses' use of social media sites. The student should not post the photo.
B
The hospital probably has a policy regarding the use of social media sites, but the student should also be instructed to check the nursing school's policies as well. Most such policies prohibit or severely restrict what nurses and students can post. Even if there are no policies in place, the student should not post the photo due to ethical and HIPAA considerations.
C
The student would be wise to not post the photo on any social media site. Posts are neither "private" or inaccessible once deleted.
D
In order to prove a claim of malpractice, four elements are needed; duty, breach of duty, harm, and causation. This would most likely not be a case of malpractice.
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