Search Privacy Violations, Breaches and Complaints
This database was last updated in December 2015 ago and should only be used as a historical snapshot. More recent data on breaches affecting 500 or more people is available at the U.S. Department of Health and Human Services’ Breach Portal.
SANTA CLARA VALLEY MEDICAL CENTER
Cited by the California Department of Public Health for violations of California’s Health and Safety Code relating to medical privacy during an inspection that began on October 7, 2014. Also cited in 90 other reports.
Report ID: X6O111.01, California Department of Public Health
Reported Entity: SANTA CLARA VALLEY MEDICAL CENTER
Issue:
Based on interview and record review, the hospital failed to provide full consideration of privacy of treatment for one of two sampled patients (2), when a hospital staff member posted a picture of a patient with her family member on a social media site without authorization. This failure resulted in the unauthorized posting of a patient's picture on social media. Findings:The California Department of Public Health received a faxed report on 6/18/14, which indicated the hospital was notified on 6/13/14 that on 5/5/14, a photograph of a pediatric patient (Patient 2) lying on a hospital gurney (a wheeled bed for transporting patients) with her family member was posted on a social media site. The hospital's internal investigation confirmed the family member had given verbal permission for the picture to be taken, but no authorization was given for the picture to be posted on social media.During an interview on 10/7/14 at 2:35 p.m., the ethics and compliance officer (ECO) stated on 6/13/14 the hospital had discovered physician A (MD A) had posted a picture on social media, on 5/5/14, of Patient 2 with her family member on a hospital bed. ECO stated an internal investigation revealed the family member had given verbal consent for the picture to be taken, but there was no written consent for the picture to be posted to social media. During an interview on 10/7/14 at 3:30 p.m., registered nurse A (RN A) stated Patient 2 and her family member were lying on a hospital gurney in the surgery recovery area. RN A stated MD A (who had not taken care of Patient 2) walked by, noticed Patient 2 and her family member, and asked Patient 2's family member if she could take the picture of them. RN A stated Patient 2's family member gave verbal consent to have the picture taken. RN A stated MD A took the picture, but did not explain what she would do with the picture, and did not ask for consent to post the picture on social media.A review of a copy of a letter sent on 6/18/14 from the hospital to Patient 2's family member indicated the hospital became aware on 6/13/14 a picture of Patient 2 and her family member was posted on social media on 5/2/14. The hospital was under the impression Patient 2's family member had given consent for the picture to be taken, but there was no written consent for the picture to be posted to social media.During an interview on 10/7/14 at 2:35 p.m., ECO stated the hospital did not have a policy regarding taking pictures for personal use inside the hospital, nor for posting/using social media. The EOC further stated, the hospital was in the process of developing a social media policy.
Outcome:
Deficiency cited by the California Department of Public Health: Patients' Rights