Jo-Ellyn Klein Quoted by Corporate Counsel on Social Media Policies for Health Care Providers

Akin Gump health care and life sciences senior counsel Jo-Ellyn Sakowitz Klein was quoted by Corporate Counsel for its article “Viral Photo of Staff Flipping Off Newborn Exposes Hospital to Tort Liability,” on a case of inappropriate conduct by hospital workers in Florida who publicized their activity via social media.

Klein said that the company’s general counsel, in conjunction with HR, compliance, risk management and IT, should be involved in developing a policy regarding the appropriate use of social media in the workplace.

She noted a risk assessment considering the legal and the business and public relations risks of a facility’s social media use should precede development of the policy, noting that any social media-related problems already experienced by the company should be factored in. Klein said that there is no “one-size-fits-all” social media policy in the health care industry.

Klein noted in closing, “It's really important for everyone to remember that social norms of decency must continue to apply in the online context, as applicable laws certainly do.”