BLOOD ISSUE=PROBLEM=CAN HOSPITAL BE SUED?

by jack w 28 Replies latest watchtower beliefs

  • jack w
    jack w


    Hi friends,

    A good "fader" friend of mines wife was recently at the hospital. She used to be a staunch witness but has since gotten fed up with the whole charade. She told the Dr. that she is a witness, and the Dr. asked about blood. She said that if her life was in danger she would take it. They made her sign something that said as much. Anyway, wouldn't you know it, one of her nurses is a witness, and knew that she was one as well. The nurse checked her records, and saw that she had signed the statement. The nurse then came into her room and said "Did you know that you signed a statement stating you WOULD accept a blood transfusion?" She lied and said that she was signing so many papers when she got in that she must have made a mistake by signing it, and that it certainly wasn't her intention to do so. The nurse scolded her and told her how that could have created a huge problem for her, and the 'patient' said she would have to take care of it. That seemed to satisfy the witness nurse, but the patient is now very worried that this nurse will tell the elders about this situation.

    My question is; can these friends of mine sue the hospital if this nurse tells on her to the elders? The woman never signed anything to the effect of allowing information to be shared with ANYBODY. Not the liasion committee or any other witnesses. What do you think can occur with this situation? This is in the U.S. Anyway, I, and my friends would appreciate any input on this.

    Thanks,

    Jack.

  • AlmostAtheist
    AlmostAtheist

    If this page doesn't give you what you need, I think it will direct you to where you need to go to get it. http://aspe.hhs.gov/admnsimp/

    My knee-jerk reaction is YEAH, that's a suing situation. The good dub can think what she wants, but the law of the land doesn't let her run tell the elders whenever some private data comes her way that conflicts with her little cult.

    Dave

  • BluesBrother
    BluesBrother

    My gut reaction is to think the same as Dave.. however, that may not stop a really conscientious dub from still going to the elders if she felt that a serious wrong had been committed. They are told to do so, even if it brings later consequences upon them.

    but in this case, your friend had an answer. Who can prove that her story is wrong? Even the elders would need more to go on. Lets hope the nurse believes her. PS I hope she recovers ok from the op.

  • BluesBrother
    BluesBrother

    I found this extract from a Watchtower article on the subject. Notice the way that the reader is led to a WT biased conclusion, although they do not actually say what you have to do. The message is clear though. I copy/pasted just the first and last sections.

    ...........................................................................................................................................

    *** w87 9/1 p. 12 "A Time to Speak"—When? ***

    "A

    Time to Speak"—When?

    MARY works as a medical assistant at a hospital. One requirement she has to abide by in her work is confidentiality. She must keep documents and information pertaining to her work from going to unauthorized persons. Law codes in her state also regulate the disclosure of confidential information on patients.

    One day Mary faced a dilemma. In processing medical records, she came upon information indicating that a patient, a fellow Christian, had submitted to an abortion. Did she have a Scriptural responsibility to expose this information to elders in the congregation, even though it might lead to her losing her job, to her being sued, or to her employer’s having legal problems? Or would Proverbs 11:13 justify keeping the matter concealed? This reads: "The one walking about as a slanderer is uncovering confidential talk, but the one faithful in spirit is covering over a matter."—Compare Proverbs 25:9, 10.

    Situations like this are faced by Jehovah’s Witnesses from time to time. Like Mary, they become acutely aware of what King Solomon observed: "For everything there is an appointed time, even a time for every affair under the heavens: . . . a time to keep quiet and a time to speak." (Ecclesiastes 3:1, 7) Was this the time for Mary to keep quiet, or was it the time to speak about what she had learned?

    Circumstances can vary greatly. Hence, it would be impossible to set forth a standard procedure to be followed in every case, as if everyone should handle matters the way Mary did. Indeed, each Christian, if ever faced with a situation of this nature, must be prepared to weigh all the factors involved and reach a decision that takes into consideration Bible principles as well as any legal implications and that will leave him or her with a clear conscience before Jehovah. (1 Timothy 1:5, 19) When sins are minor and due to human imperfection, the principle applies: "Love covers a multitude of sins." (1 Peter 4:8) But when there seems to be serious wrongdoing, should a loyal Christian out of love of God and his fellow Christian reveal what he knows so that the apparent sinner can receive help and the congregation’s purity be preserved?

    ***

    w87 9/1 pp. 14-15 "A Time to Speak"—When? ***

    Employers have a right to expect that their Christian employees will ‘exhibit good fidelity to the full,’ including observing rules on confidentiality. (Titus 2:9, 10) If an oath is taken, it should not be taken lightly. An oath makes a promise more solemn and binding. (Psalm 24:4) And where the law reinforces a requirement on confidentiality, the matter becomes still more serious. Hence, before a Christian takes an oath or puts himself under a confidentiality restriction, whether in connection with employment or otherwise, it would be wise to determine to the extent possible what problems this may produce because of any conflict with Bible requirements. How will one handle matters if a brother or a sister becomes a client? Usually such jobs as working with doctors, hospitals, courts, and lawyers are the type of employment in which a problem could develop. We cannot ignore Caesar’s law or the seriousness of an oath, but Jehovah’s law is supreme.

    Anticipating the problem, some brothers who are lawyers, doctors, accountants, and so forth, have prepared guidelines in writing and have asked brothers who may consult them to read these over before revealing anything confidential. Thus an understanding is required in advance that if serious wrongdoing comes to light, the wrongdoer would be encouraged to go to the elders in his congregation about the matter. It would be understood that if he did not do so, the counselor would feel an obligation to go to the elders himself.

    There may be occasions when a faithful servant of God is motivated by his personal convictions, based on his knowledge of God’s Word, to strain or even breach the requirements of confidentiality because of the superior demands of divine law. Courage and discretion would be needed. The objective would not be to spy on another’s freedom but to help erring ones and to keep the Christian congregation clean. Minor transgressions due to sin should be overlooked. Here, "love covers a multitude of sins," and we should forgive "up to seventy-seven times." (Matthew 18:21, 22) This is the "time to keep quiet." But when there is an attempt to conceal major sins, this may be the "time to speak."

  • greendawn
    greendawn

    I also think she was out of line by interfering with someone's private records. Her job is to see records and not to ask questions about them. But had the fader JW stood up and said "yes I don't mind having a transfusion so I signed for it" would that nurse go and tell the elders? That would be a breach of confidence for sure.

  • avishai
    avishai

    Yeah, the nurse would probably tell. And, yeah, the lady could sue her and the hospital for HIPPA violation. And should probably kick her ass too!! (JK on the ass kicking part.)

  • rebel8
    rebel8

    IF the nurse divulges information to anyone outside the hospital without consent, you may possibly be able to sue. The federal law creates penalties for those violating hipaa. You would be able to report her to the federal Office of Civil Rights. They would investigate and take it from there. If the investigation verified a violation, she would be in a load of trouble including possible jail time, big fines, get fired, and she could even lose her nursing license.

    A civil suit is a separate matter entirely. For that you'd have to find an attorney willing to take the case etc. The hospital could be named in a suit, but they may escape any penalties if they can prove they had reasonable measures in place to prevent privacy violations. Then it would be just you suing the nurse--possibly not worth it if you have to front legal fees and the nurse has few assets.

    All of this is pertinent to federal laws only. There are also privacy laws in many states--you may have one that applies to this situation.

    Since none of this has happened though, you can't do any of the above. What you can do is make a privacy complaint in writing to the hospital right now. This nurse has no right to look in your wife's medical record unless she is involved in her care, and even then she is not supposed to look at things not required for her to perform her job duties. Be sure to specify you want a written response to your complaint, and be sure to put in quotes exactly what the nurse said. At the bare minimum, she was highly unprofessional and should be disciplined. If you don't get satisfaction that way, you could also send your complaint in writing to the nursing license board in your state.

  • Scully
    Scully

    If I was a patient, and a JW hospital staff member confronted me in that manner, I would definitely take the offensive and remind them that they have a confidentiality agreement with the hospital. And then I would ask them "Do you want to keep your job?"

    They know that if they disclose confidential patient information that they face termination of their employment. The hospital will not back them up in a court case. Their malpractice insurance does not cover this kind of ethical breach. They can also lose their licence to practice (in the case of physicians and nurses or other registered health professionals).

    This is an essay I wrote for my nursing ethics class: Confidentiality Feel free to share it with your friend.

  • Elsewhere
    Elsewhere
    My question is; can these friends of mine sue the hospital if this nurse tells on her to the elders?

    Yes.

    She needs to talk to her Dr and explain the situation so the nurse can be restricted from accessing her medical records.

  • sammielee24
    sammielee24

    I guess my question would have been - what would have happened if she had in fact died from NOT getting a blood transfusion? If she signed the papers allowing blood and was intimidated into reversing that paperwork for fear of exposure from the witnesses and the subsequent repercussions from them - what if she had died? Would she have left behind a husband that, instead of being a fader, would then make the leap to disassociated himeself? It's such a sad commentary when a person is too afraid to allow a doctor to provide the best healthcare they can 'because they are afraid of being 'outed' to a religious organization. Not because they don't really believe a process might be necessary but because they are afraid of being found out and being shunned. How cheap a life has become. This is the type of stuff that any lawyer compiling data on the 'big news' needs to hear - the lengths of intimidation that witnesses are subjected to and the fear they live with. In the end - it boils down to a decision of wether or not the couple will continue to fade or fully opt out. If they opt out then they might be able to contact the hospital and have the nurse investigated and their operational procedures examined. She might lose her job and for certain all the elders and probably the cong will know - and that of course will have drawn al line in the stand. If they wish to continue to fade than I can't see that bringing this situation to light is possible because if the wife was willing to (possibly) die for the organization, than its doubtful she would have the strength to confront the issue.sw

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