In this essay, I, will explore circumstances a health professional would be justified in disclosing confidential information to a third party without his/her consent.
Confidentiality is the safe keeping of documentation and information from a client. The information must be kept between you and the client for it to remain confidential. Confidential information could be a client’s name, address, date of birth, bank details, family details and religion (Confidentiality, 2009). To make sure confidentiality is maintained record keeping should be locked and secured, information is not told to anyone who shouldn’t know and information about clients should only be discussed when they have consented. It’s important you know the limits to consent …show more content…
It’s important when working in this environment you know when to disclose this information (Griffith and Tengnah, 2013). If a patient discloses personal/confidential information it’s your duty of confidence to keep this information between the two people. It’s a legal duty to keep this information confidential. This is a duty within your employment contract and professional conduct (.
The Common Law for example is a law based on previous court cases and is sometimes referred to as the ‘judge made’ law. When a duty of confidence applies, this information should not be disclosed without the person’s consent (Copyright, 2016). Therefore, any information about a patient such as their documents must not be disclosed. However, confidentiality is not absolute confidential. Disclosing this information can be legal if the person has consented, to safeguard the individual if necessary or to safeguard others around them or if there is a court order where they have a legal duty to disclose of this information. Therefore, if the health and social care provider discloses any of the information from the client they must seek consent from the client first (Copyright, 2016). A client can bring legal action against them if they are not permitted under the common law and could have them done for breaching confidentiality.
Anyone who is involved in working with client’s records should know their responsibility when making sure they are kept confidential. When requested by others to see
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Confidentiality is one of the most important aspects when working with clientele. Our text defines confidentiality as, “rooted in a client’s right to privacy, is at the core of effective therapy. “(Corey et al. 2014). Anna Martin describes confidentiality in a little more detail by stating that, “patient confidentiality means maintaining private information about a client, and ensuring that no unauthorized person has access to this” (2017).As an individual working within a helping profession, one of the main goals to hold should be to keep clients protected and have their best interest in mind. Although keeping a client’s information confidential is often in the best interest for the client’s safety, this is not always the case. Certain instances may arise where it is essential to break confidentiality. Throughout this paper, we will look deeper into different situations where breaking or keeping confidentiality is necessary. Specifically, we will consider confidentiality principles as a counselor.
Confidentiality is a concept of vast importance for professionals in the medical field. It is a professional obligation in this field and is considered to be an ethical concept that falls in line with integrity, compassion, veracity, charity, and fidelity as explained in both the International Council of Nurses Code for Nurses (1973) and the American Nurses Association Code of Ethics (1985). However, in today’s ever growing world of technology and demand for information, challenges continue to arise that force doctors and nurses to reexamine virtues such as confidentiality.
Roles and responsibility of the work are adhered to. Personal information about patient are kept confidential except where it is necessary with other staff that care for the same patient or to the health care team attending to them.
Disclosing confidential patient information without patient consent can happen in the health care field quite often and is the basis for many cases brought against health care facilities. There are many ways confidential information gets into the wrong hands and this paper explores some of those ways and how that can be prevented.
It is also just as important to keep a confidentiality because of data protection legislation which enforces the rights of the individual to have their personal information protected (Legislation.gov.uk, 1998). So legally, healthcare professionals have a duty to protect the healthcare user’s personal information, at least to the legal minimum, or face proceedings. On top of this though, there is a further responsibility placed on the healthcare professional to respect the right of the user to their private life and beliefs. This is outlined by the NMC’s Code (2012) which reiterates the Data Protection Act, 1998 and further clarifies the lengths that healthcare professionals should go to ensure the healthcare user’s confidentiality and privacy is protected.
Therefore every care practitioner should endeavour to promote theses rights when dealing with services users and their relatives. Furthermore, it is crucial for service users to understand that any information they give will be with strict confidentiality. It is a legal requirement for health and social care services to keep personal data confidential.
In this report I will be explaining how equality, diversity and rights are promoted in a health and social care settings. This report will be based in a residential care home. I will explain the principles of the care value base within the care settings. There are many different procedures that are taken place within the care home to provide good care for the residents.
The only person that can disclose information of their own medical record is the patient. Some exception where the information can be use without the patient document law issues to protect the patient concern as Criminal Acts, Legal Ordered, Communicable Diseases and Mandated.
The elements of the principles of confidentiality can be broken down into four separate categories: (1) Information provided by the patient is kept confidential unless consent from the patient has otherwise been given—unless it has direct legal implications or endangers the general public. (2) Informed Consent: is given freely, because the correct information has been supplied and the patient has sufficient information on the impacts involved. Information is otherwise given out on a need to know basis. (3) Duty of Care: Information is given out in order to protect the safety and health of others and the patient. Legal and general public health fall under this category. (4) Documenting Decisions: Consultations and actions that lead to
When it comes to confidentiality there are rules that one has to follow in order to abide by the person’s rights. Using caution when talking to others about the client who want to obtain information that they are not at liberty to have. An example of this would be someone claiming to be a patient’s friend wanting a room number in the hospital to go visit them. Confidentiality is a very delicate situation in the practicing field of professionals.
Health care professionals are subject to a multitude of professional, legal, and ethical responsibilities which call for personal judgment to be utilized in such a manner as to protect clients as well as public wellness and interests. Overall considerations in handling such duties may be considered to be respect of a client’s autonomy, confidence, and recognition of obligations owed to all clients. While the aforementioned acts fall within the professional realm, there are also legal implications that guide care. Therefore, it can be said that ethical considerations occur in observation of legal responsibilities. Confidential information is perceived as private facts which are disclosed with the
But when those involved in these legitimate activities make demands that seem inappropriate, the records must be protected. Disclosure of personal medical information should also be subject to patients’ or families’ consent (Richmond et al. 2009).
Privacy and confidentiality are basic rights in our society. Safeguarding those rights, with respect to an individual’s personal health information, is our ethical and legal obligation as health care providers. Doing so in today’s health care environment is increasingly challenging (OJIN, 2005).
When working with other clients, individuals, or employees it is important to keep all information confidential. Confidentiality is extremely important, because violation is breaking HIPPA laws and the code of conduct. Confidentiality protects a client’s rights, where all information that is given is kept private. “Privacy refers to the person’s right to keep specific information private which includes the facility’s