A patient has many rights when they receive care. They have the right to privacy and confidentiality. Privacy allows an individual to decide what information is allowed to be disclosed to others (Burkhardt & Nathaniel, 2014, p.76). Similarly, confidentiality allows information to not be given out about a patient unless the patient states it is okay (Burkhardt & Nathaniel, 2014, p.76). Privacy and confidentiality are huge in the medical law. Nurses and other workers could get in serious trouble for breaking these rights. We all know these rights fall under the health insurance portability and accountability act (HIPPA). Although, there can be exceptions to these rights. Furthermore, the case study represents a predicament relating to privacy
In the scenario discussed the nurse working makes numerous decisions that put both her and her patient at risk. She violates the patient’s privacy not only by taking pictures of him while unconscious, but also by sending them to her friend as well as taking pictures of the patient’s demographics. According to the HIPAA standards, any unauthorized disclosure of private patient information, is a breach of the Privacy Rule (HHS, n.d). It would be a completely different story if the nurse were to have asked the patient once he had recovered if she could take a picture and had gotten his authorization. However, that is not the case and the nurse, if caught, could face penalties. Not only is the nurse violating the patient’s privacy, she is also violating
HIPPA law is a rule anyone in the medical field has to follow in order to keep patient’s medical records and insurance information confidential. So basically doctors or medical staff cannot discuss a patient’s medical problems with other staff members, friends, or even family because these kinds of matters should be keep private to protect the patients and respect their privacy. If the HIPPA law is violated the violators have to pay fines and can even spend time in jail for violating it.
According to the ANA (American Nurses Association), it is the duty of nurse to protect the patient’s rights, safety, health and advocate for the patient. By treating the patient in an open area, invades their privacy, can cause embarrassment and most of all jeopardize trust between the patient and care giver. This negligent care could also lead to legal ramifications in the future against the hospital. By breaking this trust, the patient may also omit valuable information that could affect their treatment ultimately causing them harm. Some patients may become noncompliant with their prescribed treatment. It is essential that effective communication between patient and care provider occurs at all times. . Healthcare providers are obligated to give safe and effective care.
Confidentiality is a problem because as a small town everybody likes to be on everybody's business but as a professional, our job is to keep our patient's information private, not only for the patient's sake but also for our own protection and The Health Insurance Portability and Accountability Act (HIPAA). According to Anthony, Appari & Johnson (2014), "the HIPAA Privacy Rule sets national standards to protect individuals’ PHI held by health care providers like hospitals. The Privacy Rule mandates safeguards to protect the privacy of PHI, imposes limits and conditions on the uses and disclosures of PHI, and gives patients select rights over their health information" ( p. 110). HIPAA law is very beneficial because it helps to protect the patients and their information. It gives them the right to dictate who can see their information and who cannot. This is crucial because HIPAA in especially in the health field because it helps to set rules and limitation over who can see and receive patient's information whether the information is electronic, written, or it is oral. It allows patients privacy over their information and anyone who violates this rules is subject to face some serious consequences. Some of the consequences that these people may face for violating HIPAA is that they will be fired from their job, be asked to pay a certain amount of money and they may even face jail time depending on the
Between a patient’s rights to privacy and autonomy, the safeguards listed in the Bill of Rights, and the duties of a healthcare professional to protect his or her patient’s safety, what takes precedence? Such is the ethical dilemma faced by the nursing staff of Mr. Green, a patient with end-stage aggressive prostate cancer who is planning to choose suicide over suffering. Discussion, the Ethical Dilemma
Confidentiality, privacy and security are three main and related concepts that are usually interchangeably used when discussing health information protection within the healthcare systems.
As defined, privacy is the freedom to not be observed or intruded upon without authorization and to control access to one’s personal information (Fowler, 2015). When the nurse snapped a picture of a patient without his or her consent, she was violating that patient’s right to privacy. Although the person she sent the photo to may not have known the patient; and the patient did not see her take the photo, it is still an infringement of privacy. It is the nurse’s duty to protect the patient’s right. The ANA says confidentiality and privacy are at the top of the list of patient rights that nurses must protect (Fowler, 2015).
The patient has the right to privacy and protection from unwarranted publicity. This right to privacy shall include the patient's right not to be subjected to exposure, private or public, either by photography, publications, video-taping, discussion, medical teaching or by any other means that would otherwise tend to reveal his person and identity and the circumstances under which he was, he is, or he will be, under medical or surgical care or treatment.
The word “privacy” is often thrown around, but a deeper look into the word reveals that there is actually no universally accepted definition of the term (Nass, Levit, Gostin & Rule, 2009). Today, more than ever, confusion persists over what the word means, the value it holds, and its scope. This is because at a personal level, privacy holds a different and unique meaning to the individual. Healthcare organizations harness some of the most highly skilled competencies of any labor force, which equates to massive amounts of collaborating. Healthcare providers, administration, and others will share protected health information (PHI) with each other, as necessary, to carry out treatment plans, process payments, or any other operations necessary
The privilege of posting content on line has it’s responsibilities regardless of whom is the
The popular belief among our society has always been “Parents know what's best”. While their kids are young, parents know how to make their medical decisions for them. Parents know what's best for their children, they know how to keep them safe and healthy. However, their children soon turn into teenagers who should be trusted to make their own choices regarding their health care. They’re no longer the children they once were; they can comprehend the extension of every decision they make. Services and treatments should not be restricted to them because of their age or need for parental consent. Teenagers should be given confidential health care and should be trusted to make the choices that regard themselves. They should be allowed the privacy from everyone, including their parents make those choices.
Patient’s rights are very important they keep people safe and there health records and information, there are many people that don’t follow patients rights in the hospitals. Therefore there can be consequences like a fine or maybe even jail time, depends on the problem and what right you are breaking. Also, another right that is used the right to leave the hospital at anytime you want, which is true you can leave whenever If the doctor doesn't think you need to leave yet, and you still want to leave you have to sign a paper saying you can’t sue the hospital if something wrong happens to you after you leave the hospital. The right to access your own health info is asked a lot by younger patients, you do have the right to access your own health
The environment in which the patient is cared for plays a major role in the outcome of the patient’s safety and health. When this patient was admitted he was on suicide precaution. For his safety and per the hospital policy we placed a 24 hour sitter at the patient’s bedside. All cords and sharp objects were cleared from the patient’s room. Patient’s have a right to a safe environment. Every shift I asked my patient if he had any thoughts of harming himself or anyone else. This is part of a nurse’s care. Providing privacy for the patient is an important aspect of the environment. My patient had no immediate family or friends, therefore, the patient verbally told me not to give any personal information over the phone. I explained the HIPAA regulations, and my duty as a nurse to abide by these regulations. I made sure I went to a confined area in which other people could not hear if I had to talk about the patient’s personal information to doctors.
Patient privacy is the responsibility of the medical organization that treats the patient. Patients have the right to have their medical issues kept private from people that do not need to know the information. The federal government has created the HIPPA policy to help medical organizations understand and follow rules to protect the privacy of the patients that come to the organization. It is important for the organization to make sure that all members of the staff are trained and follow the policies of HIPPA. In some cases organizations may have ethical issues arise involving a patient’s privacy and the confidential
A person 's privacy is a basic right whether in the hospital or not. As a health provider they are the advocate for their patient and being loyal is a must. It is a legal and ethical obligation to patients who depend on others to take care of them (2005). It is so easily taken for granted so all health care providers need to be aware of patient privacy especially nowadays with advancing technology.