Jamie White, Pod Legal - Managing the Risks Associated with Social Media in Health Care

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Information about Jamie White, Pod Legal - Managing the Risks Associated with Social Media...
Health & Medicine

Published on March 19, 2014

Author: informaoz

Source: slideshare.net

Description

Jamie White, Solicitor Director, Pod Legal delivered this presentation at the 2013 Obstetric Malpractice Conference. This is the only national conference for the prevention, management and defence of obstetric negligence claims.

For more information, go to http://www.healthcareconferences.com.au/obstetric13

5th Annual Obstetric Malpractice Conference: Managing the Risks Associated with Social Media in Healthcare

COPYRIGHT: Copyright in these slides belongs to Pod Legal Pty Ltd or its nominated entity and must not be reproduced without prior consent. DISCLAIMER: General advice only. Seek independent legal advice for your specific circumstances.

Overview  The Power of Social Media  Social Media Success (Case Studies)  Risk Areas  Managing Risk  Questions Managing the Risks Associated with Social Media in Healthcare

The Power of Social Media

The Power Of Social Media Managing the Risks Associated with Social Media in Healthcare Facebook social networking 1.11 billion users Twitter online micro-blogging 555 million users LinkedIn business-oriented social networking 200 million users Pinterest virtual pin-board 25 million users Instagram Online photo-sharing 100 million users

With Power Comes Responsibility

Liability  Who will be liable? ‐ The owner of a website and/or registrant of a social media page  What will liability attach to? ‐ All content, including content posted by third parties  Consequences ‐ Termination of employment ‐ Fines and other financial penalties ‐ Brand and reputational damage Managing the Risks Associated with Social Media in Healthcare

Case Study: Ramsay Health Care (Website) Managing the Risks Associated with Social Media in Healthcare

Case Study: Ramsay Health Care (Facebook) Managing the Risks Associated with Social Media in Healthcare

Case Study: Ramsay Health Care (Twitter) Managing the Risks Associated with Social Media in Healthcare

Case Study: Ramsay Health Care (LinkedIn) Managing the Risks Associated with Social Media in Healthcare

Case Study: Ramsay Health Care (YouTube) Managing the Risks Associated with Social Media in Healthcare

Case Study: Australian College of Midwives (Facebook) Managing the Risks Associated with Social Media in Healthcare

Case Study: HCSMANZ (Facebook) Managing the Risks Associated with Social Media in Healthcare

Risk Areas

Risk Areas  Copyright  Trade marks  Deceptive trade practices  Spam  Privacy Managing the Risks Associated with Social Media in Healthcare  Defamation  Competitions and promotions  Social media platform rules  Industry regulations and standards  Workplace conduct

Workplace Conduct

Background  Social media is blurring the line between private and professional lives  The workplace extends far beyond the physical workplace  Difficult to control what employees post via social media  The misuse of social media can impact the reputation of an organisation and employee relationships  Recent Fair Work Australia decisions acknowledge the connection between employment an employee’s social media conduct  Certain requirements must be met before termination is considered justifiable Managing the Risks Associated With Social Media in Healthcare

Case study (Twitter)  Catherine Deveny was employed as a journalist for ‘The Age’ Newspaper  She made distasteful tweets about Bindy Irwin at the Logies  Her employer immediately terminated her employment  Deveny said it was “just like passing notes in class” Managing the Risks Associated With Social Media in Healthcare

Case Study (Facebook)  Damien O’Keefe did not receive the correct pay from his employer (The Good Guys)  He ranted about his employer on his Facebook page, using his own computer on a rostered day off  Employment was terminated  Action for unfair dismissal launched  Action unsuccessful – FWA noted that his employer had policies in place Managing the Risks Associated With Social Media in Healthcare

Case Study: Excessive Use Of Social Media  Richard O’Conner (landscape architect) engaged in 3000 ‘chats’ online via Gmail ‘Chat’  Employment terminated one day prior to he was due to leave employer  Unfair dismissal claim was made but was unsuccessful  Employer failed to follow Fair Work Australia directions (re filing of evidence)  The Commissioner observed that excessive use of social media during work hours could result in termination Managing the Risks Associated With Social Media in Healthcare

Case Study (Facebook)  Lindsey Stone made an offensive gesture alongside a ‘silence and respect’ sign at Arlington National Cemetery, Virginia  Image went viral and was heavily criticised for being disrespectful Managing the Risks Associated With Social Media in Healthcare  Facebook group named ‘Fire Lindsey Stone’ emerged and quickly amassed over 32,500 likes  Ms Stone and the photographer publicly apologised but were both terminated by their (same) employer  Ms Stone: “I had no idea I was going to hurt anybody. It was never my intention.”

Case Study (Facebook)  Four nursing students (in the UK) posed for a photo with a human placenta  The photo, posted via Facebook, showed one student smiling, wearing a lab coat and leaning over the placenta in the tray  The photo did not identify the woman from whom the placenta came  The photo was removed within hours of being posted  The University expelled the four students Managing the Risks Associated With Social Media in Healthcare

Case Study (Facebook)  Psychiatric nurse (in the UK) had an inappropriate relationship with a former patient  Met her during a screening assessment and offered counselling/support  He learned of her history of difficult relationships and self harm  The nurse contacted the patient via Facebook – sexual relationship followed, which the patient ended soon after  Nurse stated to her that he “did not have space for someone like her in his life” and he blocked her on Facebook  She told her treating psychologist that the nurse used his knowledge of her when choosing his parting words – led to further self harm  Nurse’s behaviour amounted to misconduct – struck off Managing the Risks Associated With Social Media in Healthcare

Managing the Risks Associated With Social Media in Healthcare

Managing Risk

Social Media Policies  What are they? ‐ Standalone documents used to govern use of social media in your workplace  Some issues they address: ‐ Acceptable professional use of social media ‐ Acceptable personal use of social media ‐ Any time restrictions that may be placed on the use of social media ‐ Non-disclosure of confidential information via social media ‐ The type of language used via social media Managing the Risks Associated With Social Media in Healthcare

Social Media Policies  Some benefits: ‐ Manage use of social media by employees ‐ Increase the productivity of employees ‐ Reduce the risk of damage to the reputation of your organisation ‐ Reduce the risk of wasted resources due to excessive use of social media ‐ Define acceptable and prohibited use of social media in work and personal situations ‐ Set out consequences for breach (i.e. possible termination) ‐ Define your company’s view on employee use of social media ‐ Reduce the likelihood of a successful unfair dismissal claim Managing the Risks Associated With Social Media in Healthcare

Training  Train the trainer (key employees) or train all employees directly  Train employees to: ‐ engage in social media within the law and relevant industry Codes ‐ ensure they understand how to engage safely and within the company’s guidelines and strategy when using social media  Failure to train employees may: ‐ lead to employment disputes ‐ reduce the likelihood of an unfair dismissal claim (or a successful one) ‐ expose your organisation to risks, including damage to brand and/ or reputation Managing the Risks Associated With Social Media in Healthcare

Case Study (Facebook)  A Linfox employee engage in an online discussion with former and current Linfox employees  He made a series of derogatory posts about two of his managers  His employment was terminated, unfair dismissal claim launched  Linfox had a Social Media Policy in place  Fair Work Commissioner chastised Linfox for “failing to educate staff on the use of social media”  Employee reinstated and Linfox was required to compensate the employee for lost wages Managing the Risks Associated With Social Media in Healthcare

Monitoring  Australian Competition and Consumer Commission (ACCC) ‐ Big businesses have 24 hours, smaller businesses may have longer  Australian Stock Exchange (ASX) ‐ Recommendation to monitor shareholder action groups, investor blogs, chat sites, other social media platforms ‐ Limit damage caused by hoax announcements  Australian Securities & Investments Commission (ASIC) ‐ Reflected the position of the ASX  Brand control  Implement a crisis plan Managing the Risks Associated With Social Media in Healthcare

Summary

Summary 1. Social media can be very powerful 2. Examples of healthcare industry using social media well 3. Manage the risk areas 4. Get specialist assistance 5. Get involved in social media Managing the Risks Associated With Social Media in Healthcare

Questions

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