Patient confidentiality is a sensitive issue. So the question whether breaching of patient’s confidentially in certain circumstance is justified? Then it will depend on the circumstances that was involved. In the Australian Medical Association Code of Ethics under the section of the doctor and the patient with subsection of patient care, it is stated that “Maintain your patient 's confidentiality. Exceptions to this must be taken very seriously. They may include where there is a serious risk to the patient or another person, where required by law, where part of approved research, or where there are overwhelming societal interests.” (1) During my rehabilitation training, I have come to learn that it is important to respect a person’s confidentiality. I find it particularly challenging in the area of brain injury. Certain individuals with brain injury especially those with severe injury are unable to express their own opinion or concerns and this will then fall to their next of kin or those with medical power of attorney. I had encountered in situation where the family member felt that the confidentiality of a patient had been breached by one of the staff. The situation escalated to the head of the department and a thorough examination and interview with all party involved were conducted to understand the situation and also to rectify it as soon as it occurs. In this circumstances, the family member had been the active party because the patient in question had suffered a
25 Appropriate interventions may be initiated for a resident or client to get help in appropriate related areas.
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.
employer, professional regulatory body, and the law for an unwarranted breach of confidence, it is essential that any disclosure of information is done appropriately within the requirements of the duty owed to the patient” (Griffith, 2015, p.358). The law is very strict and nobody has the right to violate the patient's confidentiality and have access to the medical information without been authorized by the patient. For this action Kevin will need written authorization in order to have access to the records. According to the Code of Ethics for Nurses is the nurse who is charged with helping to preserve the patient’s privacy by only asking the questions that are clinically relevant. “Confidentiality is
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.
Confidentiality in the Healthcare arena can be simply defined as the moral and ethical duty of the Practitioner to keep all the patient’s bio-data under lock and key, and offer a disclosure of those facts that the patient is legally mandated to disclose or deems fit to enhance their positive health outcome. According to the Segen’s Medical Dictionary, “Confidentiality is the ethical principle that a physician may not reveal any information disclosed in the course of medical care, unless the patient who disclosed that information poses a threat to him, herself or others’’
There are laws in place that protect a patient in the health care setting. The Health Insurance Portability and Accountability Act of 1996 or HIPAA, as it is known in the healthcare field, was designed to protect the privacy,confidentiality and security of patient information (Pozgar, 2013).Employees the health care field are very aware of HIPAA and the rights of their patients. All staff knows that patient information can only be discussed with qualified individuals on a need to know basis. Speaking about cases outside of work is strictly prohibited. Photography or recording of any patient interaction is also a breach of a patient's rights as well. The problem with this is that there are many policies in place to protect the
Finding out that people blame doctors for when their patient commits a crime puts my mind in utter disbelief. The law of patient confidentiality clearly states that the physician must keep all information a patient informs them in confidence, unless it acquires serious medical care, but if the doctor breaches the confidentiality by informing a third party without the patient’s consent, he or she could be sued. Doctor-patient confidentiality is based on the belief that a person should not be worried about seeking medical treatment in alarm that his or her problem will be shown to others. The objective of the relationship between the patient and their doctor is to make patients feel as comfortable as possible by providing them with any information they way need about their symptoms. This helps the doctor to make a correct diagnosis, and overall helping the patient feel comfortable enough to trust their doctor so that they may receive the best care. Once a physician takes a patient on, they must keep all the patient says and does in confidence; moreover, he cannot inform any third party of the patients wellbeing, but there are some exceptions like if the patient intends on causing harm to oneself or other or if it is an issue in a lawsuit. The court system claims A patient must have full confidence that their doctor will be able to keep all his or her medical issues private which helps the patient trust their physician. The professional duty of confidentiality not only covers
Confidentiality is considered a core value or principal in the medical practice. Confidentiality is a right that all people have within the medical field. This is the requirement of health care providers to keep a person’s information exclusive unless the patient or the person consents in the form of a release to share that information with other people that practice. Usually the consent is given when a doctor wants to consult with a different doctor for example. In this case it would be for the betterment of the person.
As a professional health care worker, the implication confidentiality breach regarding ethical dilemmas are significant to nurse and patient. The information disclosed can cause problems on a personal and professional level. Breach of confidentiality occurs when the heath care work discloses the patient 's medical or personal information without the patient 's informed written or verbal consent. Confidentiality is needed between the nurse and the patient to maintain a good open and honest relationship between both parties. There are several ethical implications regarding breach of confidentiality, for example,
The main ethical issues that presented in the case scenario is maintaining privacy and confidentiality. “Privacy is limited access to a person, the person’s body, conversations, bodily functions or objects immediately associated with the person” (CNO, 2009, p. 7). Nurses recognize the importance
Confidentiality of Patient
G’s back injury. This could provide the physician with an opportunity to possibly contact the patient and request for a reevaluation post physical therapy purely based upon my objective evaluation of the patient. This would not be violating Mr. G’s confidentiality, as I did not disclose any details of our conversation or dictate any subjective opinion of another injury. This is important as “the importance of the professional secret in health care is best seen by contemplating the consequences if patients lack faith in the confidentiality of their dealings with the health care system” (Baillie, Garrett, Garrett, McGeehan, Health Care Ethics: Principles and Problems, 2009, p.117). Also, a physician is not to break a professional secret by disclosing information that he or she has learned in confidence from the patient, unless the patient gives the physician permission for this information to be disclosed. Also, “unless explicitly forbidden by the patient, a health care professional has a right to consult other health care professionals in an effort to help the patient (Baillie, Garrett, Garrett, McGeehan, Health Care Ethics: Principles and Problems, 2009, p.118). We can see that in this case, the patient unfortunately forbid Gina in disclosing his secret, so I would take the initiative to record my
In Australia, medical information is generally considered confidential and safeguarded under the law. Ethics is classified as “Moral principles that govern a person’s behaviour or the conducting of an activity” (Oxford Dictionaries, 2014). Decisions concerning prognosis, diagnosis and treatment are often centered on results and interpretations of laboratory tests. Permanent damage can be caused by intentionally or unintentionally breaching the Code of conduct. That is, if the principals of ethics are not applied the patient or someone else will suffer. In this particular scenario of the patient’s pathology details being accessed and revealed to the partner, the three key ethical issues that are breached are Autonomy, Non-maleficence and Beneficence.
The main focus of the article is to look at the absolute value of patients’ confidentiality. Blightman et al. look at the pros and cones of breaking patient’s confidentiality and conclude that a breached of confidentiality is in order when it is necessary to obtain consent, as required by law, or when it is in the best interest of the public. The article is useful to my subject, since it examines in details the main issues involving the safeguard of patients’ information. In addition, the authors define confidential information, looks at breaching confidentiality for consent, audits, protection of children, disclosure to family and friends, statutory disclosure, prevention of crime, public interest, public safety, public health, and disclosure to the media. The paper publication is Continuing Education in Anaesthesia, Critical Care & Pain, which s a joint publication of the British Journal of Anaesthesia and The Royal College of Anaesthetists in the UK. It is also the official journal of The Faculty of Pain Medicine and The College of Anaesthetists of Ireland. Publication in such an esteemed journal requires utterly scrutinized of reliability and credibility of the information provided. I found the article educational and thorough in its coverage of aspects of breach of patient information. It is also well written and easy to understand.
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.