Nurse admits to professional misconduct for posting photos of organ retrieval surgery online
A nurse has admitted to professional misconduct for taking a photo of a surgical team carrying out an organ retrieval procedure in an operating theatre and later posting it on social media.
A fitness-to-practise inquiry of the Nursing and Midwifery Board of Ireland (NMBI) heard there was no clinical justification for the nurse to take the photograph on May 22nd, 2023, and post it on her Facebook and Instagram accounts.
Counsel for the NMBI, barrister William Martin-Smith, said the nurse had also failed to respect the privacy and dignity of the patient and his family.
The nurse also faced similar allegations of professional misconduct for taking a “selfie” on the same date when she was in scrubs in the staff tea room in the hospital and posting it on social media.
Mr Martin-Smith said the nurse’s actions also constituted several breaches of the NMBI’s Code of Professional Conduct and Ethics.
The name of the nurse and the hospital where she works cannot be identified as a result of a direction of an NMBI fitness-to-practise subcommittee.
The inquiry arose after a formal complaint was made to the NMBI by the hospital’s director of nursing.
It heard that the photo from the operating theatre with the caption “organ retrieval” allowed one male theatre nurse to be identified, although emojis covered the faces of other staff.
Mr Martin-Smith said the photos were taken down from social media within nine hours of the nurse being asked to remove them.
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The nurse said there were no “likes” of the photo of the operation and she did not believe the photos had been shared. One or two people liked her “selfie”.
The inquiry heard that the patient’s family were “annoyed and traumatised” after being informed about the photo.
The nurse was issued with a final written warning and required to complete further training after a disciplinary process within the hospital.
Mr Martin-Smith said staff were also reminded of the hospital’s policy that there should be no phones in any clinical area, while there was also a presentation about its policy on use of social media.
The nurse, who has worked at the hospital for eight years, issued a “sincere and heartfelt” apology to her colleagues, the hospital, the NMBI and the family of the deceased for what she described as “a moment of madness”.
Fighting back tears, the nurse explained: “I was simply moved by the incredible teamwork and compassion I witnessed during the procedure – moments that reminded me why I became a nurse.
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“I felt immense pride in being part of something so meaningful and I wanted to honour the beauty of that selfless act of organ donation.”
Her solicitor Thomas Cochrane said the nurse, who was pregnant at the time, was exceptionally tired and under personal and professional stress. Mr Cochrane said she was not seeking to excuse her actions but to provide context.
He said the photos were posted on social media to her friends only as a “story”, which meant the time and number of people who could have seen them were limited.
The inquiry’s chairperson, Mary Leahy, observed that the nurse’s use of social media had caused great upset to the patient’s family, and that the infrequent nature of the procedure could have led to him being identified.
Ms Leahy also noted that the nurse no longer had control of how the photos could be used once they were published on social media.
The subcommittee found the allegations of professional misconduct were proven based on the nurse’s own admissions.
Ms Leahy said a report, which will include a recommendation on sanction, will be forwarded to the NMBI board in due course.
