Can Nurses Gossip?

[mythtrav16]

This is an issue I need to sort out for a story I'm writing.

If a nurse sees someone she knows while she's at work in her hospital, but the person isn't her patient and the reason they're in the hospital is pretty obvious (i.e. leg in cast, pregnancy belly, holding a newborn, etc.), can the nurse gossip about this person's condition to friends and family, or would this be violating doctor-patient privilege?

I realize that it's not ethical ; but I want to know if its legal.

Edit: Alternatively, if the nurse doesn't personally see this patient, but knows about their condition because another nurse told them about it (as gossip), is the first nurse allowed to pass this gossip on, seeing as it's second hand information?

 

[SpecialKay62]

No. It violates the Nurse Practice Act (which governs a state's Board of Nursing). A nurse COULD lose her license. However, I'm sure nurses DO gossip. Is your nurse naughty or nice?

 

[cyravance]

I'm a nurse, and the answer to that is absolutely not. At least they cannot name names, or discuss specifics.
That's a federal HIPPA law violation, and they get pretty intense about enforcement...

 

[cyravance]

For purposes of your story, you could have the nurse in question discuss something with another nurse who has also cared for that patient, we are allowed to pass on info to other caregivers for that patient...

 

[cyravance]

Or perhaps have a supervisor overhear her gossiping, and threaten to turn her in unless...

 

[mythtrav16]

No. It violates the Nurse Practice Act (which governs a state's Board of Nursing). A nurse COULD lose her license. However, I'm sure nurses DO gossip. Is your nurse naughty or nice?

She's secondary. She isn't scheduled for any action in my story. I was only thinking of using her to inform my main male character that a woman he slept with gave birth nine months later.

 

[mythtrav16]

For purposes of your story, you could have the nurse in question discuss something with another nurse who has also cared for that patient, we are allowed to pass on info to other caregivers for that patient...

So, just to clarify:

If Nurse 1 breaks the law and gossips to Nurse 2 about a patient's condition, even though Nurse 2 has nothing to do with the patient's care, Nurse 2 is still legally bound not to repeat that gossip, even though the information wasn't given to her on a professional basis?

 

[cyravance]

So, just to clarify:

If Nurse 1 breaks the law and gossips to Nurse 2 about a patient's condition, even though Nurse 2 has nothing to do with the patient's care, Nurse 2 is still legally bound not to repeat that gossip, even though the information wasn't given to her on a professional basis?

That is correct. It would be similar to the law requiring certain professions to report child abuse or other crimes. Just because you may hear it in a non-professional setting, the obligation is still there, because of your profession. It could be tough to enforce in actuality, but if someone got wind of it, you could still be in for a rough time.

 

[cyravance]

For example...Let's say you are a teacher. Under the law, you are obligated by that profession to report child abuse. Now, let's say you are in the supermarket, and you witness someone start whaling on their kid. You would be obligated to report that.
Let's also say that the incident is caught on store video, and for some reason, the case makes it to the news, and you are seen standing there, obviously witnessing it, and someone else recognizes you as a teacher. You had better be the one, or one of the ones, who made that call, becuase the shit will hit the fan for you.

 

[mythtrav16]

Thanks for answering, everybody!

I suppose I'll have to go to plan B:

Nurse's husband decides to pick his wife up from work; glances in to hospital room on the way; recognizes new mommy inside; casually mentions it to unknowing daddy.

Nurses' spouses don't haveto sign any confidentiallity agreements, do they?

 

[cyravance]

Depends on the place, some will actually have you sign something, but most work under the assumption that, as a member of the profession, you undertand that. And every place will have a yearly inservice on HIPPA regulations, that is required by law.

 

[mythtrav16]

For example...Let's say you are a teacher. Under the law, you are obligated by that profession to report child abuse. Now, let's say you are in the supermarket, and you witness someone start whaling on their kid. You would be obligated to report that.
Let's also say that the incident is caught on store video, and for some reason, the case makes it to the news, and you are seen standing there, obviously witnessing it, and someone else recognizes you as a teacher. You had better be the one, or one of the ones, who made that call, becuase the shit will hit the fan for you.

You mean that because I have no association whatsoever with professional childcare, I can watch a parent whaling on a kid and feel free not to report it? Man, is that some f***ed up law! I thought there were general laws aginst failing to report a crime that everybody has to obey.

 

[cyravance]

And as far as hubby goes, he is not covered under HIPPA, unless he also works there or in that profession. He can gossip all he wants...

I should add, unless he got the info from the wifey. But she'd be the one in trouble.

 

[cyravance]

You mean that because I have no association whatsoever with professional childcare, I can watch a parent whaling on a kid and feel free not to report it? Man, is that some f***ed up law! I thought there were laws about failing to report a crime that affected everybody.

There could be laws in some states that do, I don't know that. But, certain professions have a legal obligation to do so.

 

[the_sinner]

You mean that because I have no association whatsoever with professional childcare, I can watch a parent whaling on a kid and feel free not to report it? Man, is that some f***ed up law! I thought there were general laws aginst failing to report a crime that everybody has to obey.

I expect there are laws requiring everyone to report a crime, especially child abuse.

I think what the earlier poster was saying is that some professions, such as nurses and teachers, are trained specifically to recognize signs of child abuse, and would probably face additional discipline (i.e., professional sanctions) for failing to report it.

Regarding the original question, can't she just say something like "You can't tell anyone I told you this because I could lose my job, but I thought you should know that blah blah blah...."

 

[emap]

The laws on nurses cover specifics but simply saying so and so was in my hospital giving birth I don't think would violate that law. I mean that isn't specific, that's just a general thingy kinda like saying so and so broke their leg.

Not that I am a nurse or anything but specific to me means something like talking about how long she was in labor, what drugs she was given, the birth of her child so on so forth.

 

[Manname]

When spouses break confidence, there's not much you can really do about that.

Even general information about a person that a nurse has and tells others about would be a violation - even if it's just that they're in the hospital...

luckily doesn't happen, or at least come to attention too often

 

[Jagged]

I worked in a hospital and all I can say is people talk, because that is what they do and nurses are no less guilty of it. I remember hearing all kinds of things in passing and over coffee or while shooting the bull. People try to keep things private and are respectful in their own way, but facts do leak out. Generally though it stays in the hospital family I.E. staff, but there isn't anything to stop someone from telling someone else. I know there are laws and rules, but it still happens.

 

[BlueSugar]

I have many nurse friends, and maybe because of my profession, but I've heard some crazy stores... sexual ones, and gore-y too. They don't name names, but for the purpose of my "research" I always ask gender and approx age.

 

[NippleMuncher]

Is your nurse naughty or nice?

Naughty! Naughty! Please let her be naughty!

 

[your_vice]

I think you're maybe making things more difficult for yourself than you need to. You could always have wifey as another patient in the same hospital because then she'd be free to say what she likes. There are plenty of places people with different problems can bump into each other such as the cafeteria or in a lift/corridor. If you really want wifey to be a nurse, it'd be more plausible if your character spotted his previous conquest himself. The nurse could work on a post-natal ward and forget her lunch or something. Dutiful hubby brings it onto the ward and you then have the comedic value of him trying to see his wife and escape without his ex-fling spotting him too.

 

[nonimura65]

You mean that because I have no association whatsoever with professional childcare, I can watch a parent whaling on a kid and feel free not to report it? Man, is that some f***ed up law! I thought there were general laws aginst failing to report a crime that everybody has to obey.

Actually if there is a law requiring lay people to report a crime it would be dependent on the individual states. I don't know how long ago this happened but in Las Vegas they tried to charge a young adult male who had witnessed/heard his friend molest and kill a young girl in a bathroom stall in a casino. He was not convicted due to there being no law on the books that stated he had to report the crime nor was he obligated to interfere and try and save the young girl's life. Sad but true.

 

[cyravance]

"I think you're maybe making things more difficult for yourself than you need to."

Yeah, I was going to say that...you don't have to get too bogged down with the concept. People DO talk, all the time, you could work around the issue pretty easily. Just mentioning the relevant HIPPA laws would give your story the factual touch I think you are seeking.

 

[unregistered]

 

[mythtrav16]

"I think you're maybe making things more difficult for yourself than you need to."

Yeah, I was going to say that...you don't have to get too bogged down with the concept. People DO talk, all the time, you could work around the issue pretty easily. Just mentioning the relevant HIPPA laws would give your story the factual touch I think you are seeking.

...Now that you mention it, I was gonna have the nurse pass on this little tidbit to the baby's daddy at a party. It'd be easy enough for me to say that she'd had a couple of drinks and had forgotten her privacy obligations. Thanks for the idea!