While a patient was under anesthesia, an anesthesiologist allegedly decorated a patient’s face with a fake mustache and fake teardrop under her eye. Then a nurse’s aide snapped a photo. Pretty funny, eh?
Well, the patient was a hospital employee who worked there for 13 years prior to having her face decorated against her will.
In his deposition, Dr. Yang, the anesthesiologist, said, “I thought she would think this is funny and she would appreciate it.”
The nurse’s aide supposedly showed the picture to the patient, Veronica Valdez. Allegations were made that the picture was emailed or posted online, but it’s unclear that ever happened.
So, what happened?
The anesthesiologist was suspended by his group for two weeks. But, he’s back at work.
The nurse’s aide was suspended for brief period and given additional training in privacy.
And, to no one’s surprise, Valdez’s is suing the hospital, the anesthesiologist and his medical group for violation of privacy, infliction of emotional distress and other allegations.
The hospital moved to dismiss the suit stating come of the allegations in Valdez’s lawsuit were “factually inaccurate, grossly exaggerated or fabricated.” In court filings, the hospital contends that Valdez is trying to “play litigation lottery” against a “deep-pocket defendant.”
The hospital conceded that this “breach of professionalism regrettably did occur” and those involved “demonstrated poor judgment.”
Such incidents are not isolated.
On December 11, 2007, a patient was put under anesthesia. While the Foley catheter was being placed, the chief resident noticed the words “Hot Rod” tattooed on the patient’s penis. Out came the camera. Photos were shown to a select few. And, news began to spread.
In healthcare, smart phone cameras need to be operated by people exercising judgment. There’s a long list of people who have learned the lesson. Good judgment comes from experience; a lot of comes from bad judgment.
Things Change
I have been waiting for the time and applicability of what I saw happen years ago when I was a young doctor. Now is that time. I was assisting a senior doctor (in those days assistant surgeons were actually paid) at the hospital OR.
The patient had bilateral breast implants, as recorded in her H and P. This senior doctor decided to “check them out” and in front of everyone, including the nurses…manually squeezed them to check out their “life-like” consistency. He indicated that he though they were indeed “life-like.” The patient was in recovery stage but still very much anesthetized.
I had to admit I was shocked. But I was young, and in any case the patient was not mine and…he did invited me to assist him during a time of my financial need.
The nurses saw him do this too, as well as everyone else. Nobody said anything and he was not reported. This is the reason for my post today.
He WOULD absolutely be reported now and likely would have lost staff privileges at best and…at worse..it could have been a lot worse. The nurses and associate staff you work with are watching your every action and reaction. I’m not saying that they shouldn’t be aware of your behavior, but there is sometimes an underlying, un-stated political war going on in your hospital that you may not be aware of, especially if you are not a direct hospital employee.
Our society is undergoing a vast metamorphosis toward “progressive” liberalism. Attacking doctors is very much a part of that new age doctrine. Doctors are viewed as over-paid and undeservingly entitled. Your years of hard work, study and effort apparently have no currency with a public that sees you as the 1% beneficiary of excess good fortune. I need to also state here that I do not defend his actions or judgment. It was utterly stupid and unthinking. Her privacy was invaded. It was not funny.
Failure of judgment could put you right in the middle of an undeclared culture war, and take it from doctors who have faced peer review, you WILL lose that battle. When you decided to become a doctor, you “signed up” to a requirement that you demonstrate what I call “understated, modest” behavior. You WILL be punished if you exceed those boundaries. They are getting more narrow every year. Exceed them at your peril.
I refer you back to the circle of my original comment: Things change.
Michael M. Rosenblatt, DPM
Years ago, a harmless photo like this would have been limited to a surgeon’s camera. We always obtain consent for photography as photo documentation is necessary in many cases.
Your “smart” phone photos are embedded with information, and these devices enable instantaneous, and sometimes unintentional dissemination.
Time to consider lugging the Nikon to and from the OR, and leaving iPhones off.