MIAMI (CBSMiami) – Jackson Memorial Hospital is dealing with a disturbing invasion of privacy issue after pictures of a baby born with a birth defect in their neonatal intensive care unit were posted on an employee's social media account.
Jackson Health System said that the employee is now on administrative leave.
"In addition to the general HIPPA violation that we'd be looking at here there's a sense of decency about the rights and expectations we all have in our likenesses and our images," said Miami litigation attorney David Weinstein.
Watch: Austin Carter's report
The posts were made on an account belonging to the name Sierra Samuels, a nurse at JMH.
Out of respect for the baby and the baby's family, CBS4 has decided not to share the pictures in their entirety. Instead, the photos have been cropped to show only the captions:
The first read, "My night was going great then boom!"
The other read, "Your intestines posed (sic) to be inside not outside baby" and is followed up with "#gastroschisis."
Gastroschisis is a birth defect of the belly where the baby's intestines are exposed.
A statement from a Jackson Health System representative read, in part, "Employees who violate these privacy rules, despite being educated, are subject to disciplinary action including suspension or termination. As soon as we learned of this potential breach, we immediately placed this employee under administrative leave pending the outcome of the investigation."
Weinstein said there is a certain expectation of privacy if you're in a private area, especially in a hospital.
"With images, you have a certain expectation of privacy that if you're in an area that you're in an area that you believe to be private and in this case a hospital, even more so," he said.
Jackson Health also told CBS4 News that the parent has been notified of the breach.
Samuels has been with Jackson since 2016.
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