Do you think this is a hipaa violation?

[4kids]

Alright I usually don't say a heck of a lot because I hate to make waves and stir a stink pot but..... here it comes..... watch out... might make myself look stupid.

First why are we discussing something that took place back in April of 2007? Isn't it August 2008 now?

Now I'm not taking AMR's side here. Yes my husband works for them and yes they pay decent but they are not the greatest company in the world to work for. Not the brightest crayon in the pack.

And I can't say anything about the victim, don't know her, but she got a crappy deal.

And as far as the paramedic he crapped out his brain cells when he used the toilet that morning.

But why are we taking a news report as gospel? Do any of us really know exactly what was posted on this fool's myspace page? If you really read the news article its nothing but he said she said. Nothing is in black and white proof. And how do we not know if the victim herself didn't have a friend or her own myspace page and it was talked about that way. And I know around here all our newscrews have their precious little scanners, they listen to everything, ever wonder how sometimes they manage to get to scenes before you do.

But lets go ahead and just believe that this article is 100% correct because we ALL know that news reports are always 100% accurate and the reporters get their facts straight.

[letmesleep]

It isn't very easy being me. I know it may be hard to resist the urge to post Pt info, and the such on the internet, but we really must try to avoid it, don't you think? I saw the thread on here about people posing for pictures in their uniforms and putting them on the internet (MYSPACE, FACEBOOK), but a Pt's info? Story? Anything? Come on! We strive and struggle to be called professionals, but then we are going to defend this type of behavior? Really? We all have made mistakes, but I can guarantee you that I have never done anything like this to a Pt, not in the last year, not in the last 15 years. He made one mistake that we know of, but what a hell of a mistake! Last time I looked in to it, I believe that HIPPA law violations have fines in the six figure range, do they not? Does any one know the answer to that question? Are we not required to take classes annually in regards to HIPPA, and I am asking that question, we do here so I'm not real sure about that answer..........sounds kinda like a big deal to me, tho!

[Christopher.Collins]

This guy made one mistake we know of... tell me what is it like to walk on water; to be so perfect and never to have made a mistake.

This is a mistake NO EMS provider with the slightest common sence should make!

I agree, none of us our perfect... but how stupid can any self respecting "protector" of the public go post info about a rape on his freaking myspace page? Think this girl lost enough of her dignity that now someone who should have helped her only made it worse?

Many of my friends are rape victims... if this happened to them, Id personally casterate my "brother/sister" EMS'er.

[letmesleep]

Professionalism starts with being the best patient advocate possible!

[4kids]

I'll be surprised if they nail him for a HIPPA violation when the judge has already granted a summary judgement in favor of AMR. I'll bet chances are it gets thrown out of court.

http://www.citmedialaw.org/threats/doe-v-green

And here is a copy of the court docket of what was actually said on the blog, doesn't look like he actually stated any desciptive info about her or actually where she lived.

http://www.citmedialaw.org/sites/citmedial...20Complaint.pdf

[mshow00]

I am not defending what the man did. I totally agree that this guy made a huge mistake, but why slam someone we dont even know. Does he deserve punishment: I don't know. Does AMR? I don't think so. That was my point. This came from a news article that did not explain how much of what was posted was used to find the victim.

[letmesleep]

Ok, without getting in to any further pissing contest here about AMR or Mr. Green let me explain my post above a little.

AMR should bare some of the blame (very little), although I agree that they as a company can't control their employees while off duty, It is MY opinion that they should have been more proactive in educating this employee in regards to the "dos and don't" of HIPPA. Had they done this he might have had a better understanding of the consequences, but with that said, thats where their responsibility ends.

As far as calling Mr. Green an idiot? Well besides the obvious, I think that he is (or at least was) lacking some common sense in regards to being a Pt advocate. His principal idea may have been to "help", but clearly he did the opposite. Do I or any of us know anything more than what was given in the OP? I, speaking for myself do not, but based off of the information provided I expressed my opinion. I do agree with the fact that the info could have been found by the media without the posting on MYSPACE, and there is NO true privacy out there any more as noted by Ruff in his post, But the fact remains that he did post something that was harmful if not very offensive to the victim, and it is Mr. Green's place/ job to protect her not share with the world her tragedy.

I'm also good with taking all the players out of the thread, and making it generic. Doesn't matter who it is or what company they work for. My point is that any one who posts Pt information on the internet deserves everything that Mr. Green received. As I stated above, we struggle to be called professionals, so how is it that any of us would/ could/ or should except this type of behavior from any one of us as a profession?

[4kids]

Very true letmesleep.

First I will defend AMR that I know for a fact that they have yearly HIPPA training. It is mandatory and if you do not take it you are placed on administrative leave. But thats not the point I wanted to make here.

Anyway, everyone needs to think about this. The whole thing never should have happened to begin with.

Just take a look even at ourselves on this site even. How many people have posted even on this site about a call they've been on and explained specifics of a pt's problems and what they've given for treatments. how hard is it to look up that user's name and figure out where that person is located at. Not real hard. And from there google is endless on what you can get for info because 911 calls are public information. Even its a private service. If a private serive is contracted by a municipality its public information. So how many people on this site have also broken HIPPA rules? SO who are we to call the kettle black?

Perhaps people shouldn't tunnel vision on one case that has made the media and should be more concerned about what you do yourself. Right now its this other paramedic's butt on the line, are you positive that it couldn't be yours next?

[fireflymedic]

First off, you're an idiot for placing information about runs on your myspace, especially something that sensitive to an individual. As good as his intentions were (which I'm believing was more of a CYA motion, not true motives) he still crossed a line that shouldn't be crossed. As far as HIPPA, here's the problem with it. There is no real line to draw as to what can and can't be released. If he didn't release any more information than would have been or was released on the news, then he didn't violate it. Period, end of story. Now, the issue falls back on AMR policy as to whether he violated company policy which may be the case. If so, they have the authority to do with him as they please. At the state action level, it depends. We had an issue here with a guy that posted pics from a wreck that was fairly high profile and even though no patient information was released nor even the license plate shown, the guy's family (it was a fatality) sued for damages to the EMT who posted the pics saying it caused severe emotional distress. He was disciplined from his department, but didn't receive anything from the state level. Bottom line, it's not intelligent what he did, but no laws were actually broken, and unless AMR has a specific statement that you can't post pics from scenes up on personal sites, then really they are intruding where they shouldn't. The world has gotten so paranoid and sue happy it seems we are willing to go after anything and everything. Do I think the guy exercised bad judgement? Yeah probably, but should it cost him his job? Probably not. If it were here, I would have a discussion with him and rest of staff to prevent future occurrances and have something written up in company policy against posting information regarding runs on personal sites if I didn't want to deal with it. However, I do feel the woman is milking this a bit 'cause she can. The lines of HIPPA are quite blurred and there really are no HIPPA police so it's difficult to enforce.

On another note - why is it AMR can't get it's act together? It seems they have been in trouble lately more than they've been out of trouble !

[Richard B the EMT]

4Kids wrote

First why are we discussing something that took place back in April of 2007? Isn't it August 2008 now?

Possibly because it took this long for the lawsuit to be developed.

I was in court as a witness a few weeks ago for a case I handled at least 3 years prior. The guy slipped and fell on a sidewalk that had not been cleared of ice and snow in January. The court date was in July.

4Kids then wrote

But lets go ahead and just believe that this article is 100% correct because we ALL know that news reports are always 100% accurate and the reporters get their facts straight.

Sarcasm noted.

Note also, please, that while possibly not here, sometimes they do get it right.