The Federal Council of Nursing (Cofen) is investigating the conduct of the nurse who threatened to leak personal data of a patient who sent a baby for adoption. The pregnancy was the result of rape.
The case, which broke in the press last weekend, took place in the state of São Paulo and involves an actress who was unduly exposed by professionals at the hospital where she gave birth.
The artist, who later ended up identifying herself on her own on social media to vent about the exposure she was a victim of, said she was improperly approached by the nurse in question shortly after the baby was born.
She says that, at the time, when she was still anesthetized, the professional threatened her saying “imagine if such a columnist discovers this story.”
Cofen opened an investigation to investigate the conduct of the nurse and points out that the eventual confirmation of ethical infractions may result in the revocation of the right to professional practice, as defined by the legislation that guides the practice of the category. Among them is the entity’s Resolution 564/2017, based on Law No. 5905/1973.
“If it is proved that there was in fact undue exposure of data, this professional will be infringing the code of ethics”, says the 2nd treasurer of Cofen, Daniel Menezes. According to him, the investigation process will take place in different stages.
The first one counts on the work of the Regional Nursing Council of São Paulo (Coren-SP), which has local jurisdiction to act in the case and assists Cofen by making a preliminary investigation of the complaint. If there is evidence of evidence, the admissibility for the ethical process is analyzed.
According to Menezes, the entire process lasts at least six months and must collect testimonial evidence, documentary evidence, as well as guarantee the full defense and contradictory of the person accused. In the end, if there is evidence of irregular behavior on the part of the nurse, the professional is subject to the punishments provided for in the current legislation.
“The penalties are established by law and range from the mildest, which is a warning, to more serious ones, which are fines, censorship, suspension of professional practice for a period and even the revocation of the right to exercise”, explains Menezes.
The treasurer of Cofen highlights that the situation reported by the actress differs from what is expected of a health professional in this type of context.
“The fundamental principles of our profession, for example, are that nursing is committed to life, health and the community. So, in a case of violence like this, the professional has to attend with as much discretion as possible and without generating more inconvenience and more violence, which, in the case being reported, may have occurred. We regret professionals who do not adhere to this conduct.”
The victim of the case in question had personal information leaked to columnist Leo Dias, from the Metrópoles portal, who explored the case, publicly exposing the actress’ image. He released data about the baby’s birth and broke through the legal barriers that protect the identity of women and children in this type of situation.
The delivery of children for voluntary adoption, for example, is provided for in the Statute of Children and Adolescents (ECA). Rape victims who adopt this initiative or opt for legal abortion have the right to privacy of personal data, as provided for in Brazilian legislation.
In addition to the exhibition by the columnist, the artist came to be harshly criticized by internet users with condemning speeches. Days after the first exposure, she decided to speak publicly, last weekend, when she asked for respect for her own privacy, she regretted the smear campaign she suffered from more conservative voices and exposed some details of the case.
Among other things, the artist said that she also suffered rudeness on the part of the doctor who took care of the case. The professional, according to her, would have had “no empathy” and would still have forced the rape victim to listen to the child’s heart. “And said that 50% of the DNA was mine and I would be forced to love it,” added the actress, in the public report.
Brasil de Fato also sought out the Federal Council of Medicine (CFM) to check whether any investigation was opened into the doctor’s conduct and to find out details about the procedures adopted in this type of situation, but there was no return from the agency’s press office until the closing of this matter.
Editing: Thalita Pires