Nina Yoder was a nursing student at the University of Louisville on an obstetrics rotation. In February 2, 2009, she posted a blog article on her MySpace page entitled “How I witnessed the Miracle of Life.” The article, despite its uplifting title was largely snarkey, even vulgar as described by the defendants and even the judge in Nina Yoder v. University of Louisville, et al., Case No.3:09-CV-205-S (W.D. KY at Louisville),issued on August 3, 2009. The University dismissed Ms. Yoder for violating the School of Nursing Honor Pledge in a Memorandum Opinion granting summary judgment reinstating Ms. Yoder. The blog article described a difficult birth in the context of the frustrations and emotional reaction of a tired and conflicted nursing student using graphic and unattractive descriptions of the participants and family awaiting the arrival of “the Creep.”
The Honor Code provides, inter alia,
“Therefore, as a representative of the School of Nursing, I pledge to adhere to the highest standards of honest, integrity, accountability, confidentiality, and professionalism, in all my written work, spoken words, actions and interactions with patients, families, peers and faculty.”
Ms. Yoder brought a civil rights action based upon the violation of her 1st Amendment “Free Speech” rights and the deprivation of her interest in her education without due process of law. The defendants asserted that she violated the provisions of the Honor Code because of the breach of patient confidentiality and because of her “unprofessional” behavior. The University asserted that the following information in the blog breached patient confidentiality: “the number of her children, the date that she was in labor; her behaviors; the treatment that she underwent (an epidural); her reaction to labor (vomiting); and the reactions of her family.”
The court granted summary judgment in favor of Ms. Yoder on “contractual” grounds finding that she did not violated the Honor Code, as written, and declined to reach the constitutional issues. The court found that the patient could not be identified from the information in the blog . The court also found that the presentation in the blog, though “generally distasteful and, in parts, objectively offensive” was not unprofessional, but entirely “non-professional.” It did not purport to represent the nursing school and was not an interaction with patients or families, being entirely outside the scope of her nursing training and obligations.
The court went on to find that,
[I]f the (School of Nursing) wishes for the professionalism affirmation in the Honor Code to apply to every act or all conduct of a SON student everywhere and at all times in all contexts, it must give fair notice by explaining such obligation clearly. In this case, the SON has taken a crude attempt at humor done in a non-professional context, and attempted to shoe-horn it into a violation of a “professionalism” promise which speaks to conduct as a “representative of the School of Nursing.
In light of the growing proliferation of social media such as Facebook, MySpace, twitter, etc., all healthcare organizations including schools, hospitals and practices might benefit from the adoption of clearly defined polices with respect to internet postings which refer to or reflect upon the organization. There are a couple of good models available.
This is a very interesting case. I am curious to see what impact if any this will have on her application for licensure as a nurse depending on which state she applies for licensure after graduation.
Posted by: Nursing Law Bandit | September 30, 2009 at 09:41 AM
It is a good posting. I like it. It's pretty much impressive.
webroyalty
Posted by: Nick Matyas | January 06, 2010 at 12:52 AM
Very nice & impressive posting. I liked it very much . Others will like it also. Good luck with your work. ;)
webroyalty
Posted by: Nick Matyas | January 13, 2010 at 03:19 AM