Student’s vulgar blog post leads to lawsuit
August 31, 2009 by Taylor HanniganPosted in: From the Courts, In this week's e-newsletter, Latest News & Views
A nursing student assigned to follow a patient through the birthing process got a little out of hand when she chronicled the experience on her MySpace page, school officials said.
The student’s MySpace posting about the assignment called babies “demons … from hell” and referred to the patient’s newborn as “the new Creep.”
When officials at the University of Louisville’s School of Nursing got wind of the student’s posting, they dismissed her from the nursing program for allegedly violating the school’s honor code and a confidentiality agreement associated with the course.
The student responded with a lawsuit claiming violation of her free speech rights.
And she won.
Resolving the case on contract grounds, the court said the student’s post didn’t violate the confidentiality agreement because nothing in her blog post could lead to the discovery of the mother’s identity. And it didn’t violate a “professionalism” provision of the honor code “because it was not created or used in any professional context,” the court reasoned.
The court ordered that the student be allowed to return to her classes.
Cite: Yoder v. University of Louisville.
Did the court get it right? Tell us what you think in the comments section below.
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Tags: blogging, free speech, myspace, nursing students
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September 2nd, 2009 at 9:48 am
Well, the court may have gotten it right, but I sure in Hell would not want that person as my nurse. They should be a grave digger or mortuary assistant, instead.
September 2nd, 2009 at 9:55 am
Although this student did not violate the confidentiality agreement her ethics are certainly questionable.
September 2nd, 2009 at 10:02 am
The court was completely correct in their ruling.
September 2nd, 2009 at 10:55 am
How about plain old common descency! What is this person doing in the nursing field, she has no consideration and no value of human life, she needs to examine her spirit. She has a nasty spirit and choose to be in another profession.
September 2nd, 2009 at 11:54 am
If she identified herself as a nursing student or medical professional in her blog, it could be argued that despite not violating confidentiality, she decreased public trust in the profession and eroded its credibility. This is unprofessional behavior and is included in some professions’ ethical and legal standards.
September 2nd, 2009 at 2:14 pm
The court was technically correct, but socially wrong. This student may someday understand the ramifications of her blather on a publicly accessible website and how do we know the mother couldn’t discover the identity of this student? She has violated a sacred trust and she evidently has no problem with violating any ethical considerations, whether or not it is stated in fine print. As others pointed out, she is someone that should not be a nurse. I’ve been married to one for 25 years and never would my wife consider making comments, even over coffee at home about a patient. This young lady however is indicative of far too many young people today who believe nothing is wrong with posting rude, sarcastic or even libelous comments about others.
September 2nd, 2009 at 4:16 pm
I think the student got identities mixed up. It is SHE who is the Creep and the Demon. She needs to get a reality check from her Mum. Wonder if her Mom thought that she had given birth to a demon! Great pity that such students are allowed in nursing school. She is a stigma for sure!
September 2nd, 2009 at 5:29 pm
I sure hope potential employers can see what this “angel of mercy” considers her Myspace freedom of expression and factor that into what kind of employee they will be hiring (or not). As is often the case, court rulings have little to do with decency but with some transmogrifications of human rights discussions.
September 3rd, 2009 at 2:21 pm
what a statement about our society. What a disgrace for the nursing profession and academia! I wonder what the “court” would have found had the offender been a lawyer?
September 9th, 2009 at 4:48 pm
It would be in violation of a signed code of conduct at our nursing school. This school needs to tighten up their code of conduct – FAST!
September 23rd, 2009 at 4:36 pm
I agree with Sue–It sounds as though a stricter code of conduct (written and signed) might help close the loophole this student found. It’s a shame good conduct can’t be considered a given anymore, but obviously, it can’t.
September 26th, 2009 at 11:52 pm
The code of conduct for schools is going to have to become a book. It seems that the Golden Rule has been lost and common decency and respect have gone out the window. Just because we can put something on the Internet does not mean that we should.
February 5th, 2010 at 10:52 am
I agree with KLR. Back in the day (I am am a superannuated case of flatulence – read ‘old f$#t’) students didn’t engage in unethical behavior simply because it was unethical, and perception became reality. If it looked bad, it was bad. Nowadays, if it isn’t specifically spelled out in writing, it can’t be enforced and they can’t be expected to live up to it. We’ve come a long way since the fifties. And it’s downward.
February 5th, 2010 at 11:13 am
Although the court did not find any defamation (because the mother and child were not identified), what about the “defamation” to the school’s character,and the nursing program in particular? Was the school identified in the student’s blog? Describing the child as a “demon” and a “creep” might have been a poor attempt at humor, and an even poorer lack of judgement. Is this what we want in our medical professionals? Poor judgement and insensitvity? She should be ashamed (but probably isn’t).
February 5th, 2010 at 1:17 pm
Kind of wonder how she thinks she will succeed in the nursing school. Who would want to work with her? And don’t think for a minute the instructors will come down on her. She is disrespecitful to her patients and the profession. And when she applies for jobs, her MySpace blog should be brought up so employers can see the mean-spirited type of person they may hire. Unfortunately if she doesn’t find hospital jobs, she move to nursing homes and boy, those folks better watch out. Also why is she in nurisng if she doesn’t like what she does. Yes you can get angry at people but there should be more times than not that you really like what you do. She doesn’t.
February 5th, 2010 at 1:48 pm
It’s easy to say that this person should not be a nurse. But, here’s an alternative view: I’m guessing that this person is young and has a lot of growing up to do. As a young nurse I did something I considered ‘funny’ but which caused considerable distress among staff in another department. The director scolded me for acting “unprofessionally.” I thought he was dumb. Looking back, I can see that my actions were definitely inappropriate. My actions had nothing to do with patient care, but everything to do with the fact that I didn’t yet understand what it meant to be a professional. I learned. The student involved in this lawsuit can too. I hope she will be guided by faculty who see her potential, not just her mistakes. (PS. I have been a nurse for 35 years, a nurse educator for 22, and director of a nursing program for 6.)
February 5th, 2010 at 3:51 pm
Although I am incensed at what was posted by this girl, Janet brings up an excellent point. It is clearly youth feeling the need to post these things. In absence of other evidence, I can’t say if that’s all it is or not. However, I suggest that this student take a step back and really determine if this is the field she wants to get into. Being a nurse, she will have the opportunity to see people at their worst (sick, angry, scared, hurt, dirty and yes, even giving birth) and she needs to truly think about whether she is cut out for this sort of service industry.
I don’t feel that a lawsuit was proper, however…unfortunately, people feel the need to sue over everything. oops, I just stubbed my toe…where’s my lawyer…what a load of malarkey.
People NEED to take responsibility for their actions…and act responsibly toward one another or I am frightened for where this world is going.
February 5th, 2010 at 11:40 pm
I agree with the courts ruling for this case. The student didn’t give out any specific names and was just voicing her opinion. Although what she said may sound a little rude, she has the right to say what she wants as long as its not threatening or giving out patients information and names. She has the right to her own opinion.
February 6th, 2010 at 6:23 pm
The court may have made the appropriate ruling, according to the law. However, I think she probably violated the school code of conduct. Instead of apologizing (and perhaps recognizing her error in judgment) she chose to sue for her right to free speech. What did she learn from this experience? That it is ok to belittle the patients who trust her to practice in an ethical fashion?
She needs to learn what it means to be accountable for her actions.
February 7th, 2010 at 4:31 pm
Well, given the fact that we all know her name is Nina Yoder, we should make sure that she is never involved in any situation involving our own personal health care. Perhaps someone could start a Facebook or MySpace page entitled, “Keep Nina Yoder out of the Health Care Profession.”
February 8th, 2010 at 10:09 am
Legally correct, professionally disturbing. Professionalism is the talk of the times in medical education circles. It is a question of ethics and moral duty to a profession which demands a higher order of behavior. While this student’s free speech rights have been protected to the fullest, we cannot say the same as to her profession and the fellow human beings she will swear to serve. The outrage is that she should seek to sue, not recognizing or admitting her blatant unprofessional behavior. It is an example of her (and often of her generation’s) sense of entitlement. Her actions say that she can think whatever she wants–even derogatory ideas and feelings toward those she has supposedly taken up the calling to help, because she sees no wrong. In the least she is terribly immature or misguided. At worst she is a narcissist with a personality disorder. In either case she does not deserve to be in a healing profession.
February 8th, 2010 at 6:24 pm
Yes, she does have a right to freedom of speech, but that doesn’t mean that she is immune from experiencing the logical and natural consequences of her actions.
The nursing code of ethics includes reference to “the nurse’s first commitment is to the patient” as well as personal and professional integrity.
She has violated the code of ethics of her profession, and the department/school has a right to terminate her eligibility for the nursing program, since it bears some responsibility for the graduates it “turns out.”
February 9th, 2010 at 11:53 am
I honestly think that the student deserve to win, because she never showed that she violated HIPPA. I also think it would be wrong of us to judge her comments on myspace because it was just a comment… She expressed how she felt. I work as an EMT and some of the things I see causes me to feel overwhemled or flat out discussed and it doesn’t effect my perfessional care with patients. It was a comment! I think that she never witness a child being born and got freaked out about the whole experience; the long labor, stress of mother in pain, and just the form of how a child is born. She was just venting and I think the school wasn’t being reasonable.
February 9th, 2010 at 12:28 pm
A question for Stephen H: Knowing she was the one who posted that trash, would you want her attending to your wife and newborn during and after the delivery?
February 9th, 2010 at 12:46 pm
Yes, everyone needs to vent, but there are other ways of venting without posting it all over myspace. I mean, whatever happen to confidentiality? That went right out the window. Defining nursing is to care, protect, support and educate clients, not bad mouth them and their child. I think it was cruel and unethical of her. I have to agree with the posting by Sue. The school needs to tighten up their code of conduct. A written and signed contract between the students and school whould have kept her on a more professional level.
February 9th, 2010 at 1:59 pm
I understand that the court has specific guidelines to follow and that every detail of the guideline has to be violated in order for ones action to be considered as breaking the law. With this said nursing has a set of guidelines too and this student is well on her way to break them. Client information or situations dealing with clients is understood to be confidential, not public information. Yes, the student didn’t include the actual names, but she did talk about the incident. By doing this she shows her lack for professionalism. University of Louisville, I believe, was correct for dismissing her from the nursing program. I’m sure in her teachings this type of behavior was talked about.
March 10th, 2011 at 10:15 pm
I would be curious to know if the student graduated from the program. I bet my scrubs that she doesnt pass clinicals.