Is it legal to put patients within the corridor not temporarily, but for your entire stay within the hospital?

Question:

Dear Nancy,

Is it legal to put patients within the corridor not temporarily, but for your entire duration of their admission, and never because there are not any other beds in local hospitals? The only thing they’ve are partitions and this appears to be a possible HIPPA violation. I am unable to discover a place to ascertain the regulations on this.

Kevin

Dear Nancy replies:

Dear Kevin:

The practice of permanently placing patients in a corridor when other beds can be found in other facilities is unacceptable. From a legal and ethical perspective, patients needs to be treated with the most effective care available, with dignity and respect. Placing them within the hallway during a hospital stay serves no known purpose that will profit the patient.

Of course, sometimes it might be needed to put a patient within the corridor for a brief time frame until a room becomes available (ensuring that their privacy and luxury is ensured as best as possible) or until transport of the patient can happen, especially if the hospital is experiencing an unusual influx of patients because of a natural disaster or overcrowding.

Treating patients in this fashion, as a matter of principle or policy, is inconsistent with ethical principles, the legal requirements under which hospitals are licensed to supply care, and certain violates other state and federal laws similar to HIPAA, prohibitions against use and patient neglect and accreditation requirements.

Nurses caring for patients in these situations may be prone to disciplinary motion from the state board of nursing because of various violations of the Act and the Nursing Practice Rules.

Because one among your responsibilities under the Nurse Practice Act or its regulations is to report unsafe, unethical, illegal, or unprofessional practices to the suitable authorities, chances are you’ll need to seek the advice of with a nurse practitioner or attorney in your state who can assist you in reporting this practice to the suitable authorities. This reporting is important because these patients would not have an attorney who can act on their behalf and end this example. Reporting can even fulfill your legal and ethical obligation as a nurse and as a human being to report known practices in order that these individuals will be admitted and cared for in the style to which patients have a right.

Regards,
Nancy