Premium Essay

Privacy and Confidentiality

In: Science

Submitted By Pevic123
Words 9016
Pages 37
CHAPTER ONE
Background to the Study
In the rapidly changing system of health care, many different factors have affected and changed the perception about how health care is practiced today. The rights of patient are also affected. Patient rights have now become the center of attention in practice of medicine. Today, concerns about patients’ choice and the respect for their preferences, values and the access to medical care are getting more complex. The patients’ expectations are becoming higher and now they always want everything best (Rafique & Bhatti, 2014).
Nurses are subject to numerous ethical and legal duties in their professional role, including the imperative to maintain patients’ privacy and confidentiality. Beginning in 1893, nurses take the Nightingale Pledge “I promise to do all in my power to maintain and elevate the standard of my profession, and hold in confidence all personal matters committed to my keeping and all family affairs coming to my knowledge in the practice of my calling” (Gretter, 2012).
The duty continues today, with hospital policies, state regulations, and federal law aimed at protecting patients’ confidentiality. Critical care providers are often privy to confidential information in the course of clinical practice. The dilemma may arise when confidential information is requested by family members or friends of the patient. Although at times it seems that regulations and laws are so stringent that any disclosure of health care information is forbidden, it may be necessary and appropriate to make disclosures, and the current regulations and laws support the professional judgment in communicating patients’ health information (Wielawski, 2009).
Privacy is limited access to a person, the person’s body, conversations, bodily functions or objects immediately associated with the person. Because people have different beliefs and values about…...

Similar Documents

Free Essay

Confidentiality

...Confidentiality, Integrity, Authentication, and Nonrepudiation. Carlos F Rentas Strayer University CIS 333 November 17, 2012 Prof. Jonathan C. Thrall Working as an Information Security Officer, our firm was task for a client who is small software company currently using a Microsoft Server 2008 Active Directory domain and is administered by a limited number of over-tasked network administrators. The rest of the client’s staff is mostly software developers and a small number of administrative personnel. The client has decided that it would be in their best interest to use a public key infrastructure (PKI) to provide a framework that facilitates confidentiality, integrity, authentication, and nonrepudiation. Fundamentals of PKI. Public Key Infrastructure is a security architecture created to provide a high level of confidence for exchanging information over the internet that has become more and more insecure lately. The term can be very confusing, because it is used to mean several different things; for instance PKI may mean the technologies, techniques, and methods that used together provide a secure infrastructure. Additionally PKI may mean the use of a public key and private key pair for authentication mainly as well as “proof of content”.   This uses a mathematical technique known as public key cryptography which uses a pair of related cryptographic keys to verify the identity of the sender (signing), and ensuring privacy (encryption).   PKI......

Words: 1197 - Pages: 5

Free Essay

Counselor Confidentiality

...important for the Pastors to know their flock in order to best know how to lead and tend them, or does confidentiality apply always strictly between counselor and counselee". It is important to start off understanding what Counselor confidentiality is at its most fundamental nature. It is the responsibility of a therapist or counselor to hold any proprietary or personal information supplied by a patient in the strictest of confidence. It is a generally accepted ethic that breaking counselor confidentiality by revealing the type of information stated above, without the expressed permission of the patient, is considered highly unethical. Keep in mind, however, that in Standards B.1.d, the ACA Code of Ethics requires counselors to fully inform their clients of the limits of confidentiality (ACA, 2005). Also, HIPPA- Health Insurance Portability and Accountability Act-actually gives a list of nearly two pages of things where confidentiality may be breached legally (hhs.gov). Counselor confidentiality in a "classical" setting, which is the viewpoint we have been speaking from thus far, is designed to allow patients the freedom to share information about themselves that is private in nature, but is important to the process of helping the individual overcome whatever emotional or other types of obstacles he or she currently faces. As part of the extension of privacy to patients, counselors also strive to remain objective and non-judgmental as they aid patients......

Words: 2412 - Pages: 10

Free Essay

Confidentiality

...Explain informed consent and confidentiality to the client. Informed consent involves the counselor explaining the benefits and risks of counseling as well as its alternatives. It also allows the counselor permission to record counseling sessions in writing, and via video and auditory means. In an educational institution setting, informed consent allows students to observe counseling sessions. Once these issues are explained to the potential client, the client is asked to sign legal documents that state the client understands and agrees to the services to be provided and their potential dangers. When counseling minors, informed consent must come from a parent. While explaining the pros and cons of counseling to the parent, the counselor must also explain the necessity of confidentiality in the therapeutic relationship with a minor. A confidentiality form is presented during the discussion of confidentiality. In adhering to counseling ethics, the counselor must explain that confidentiality is a promise not to discuss matters that are shared by the client with a third party unless under pre-determined exceptions. The exceptions to confidentiality include reporting information the client reveals to the counselor that suggests he or she is a danger to him or herself or others. For example: If a client talks about killing himself and identifies that he has a plan and the means to execute that plan, it is the counselor's ethical responsibility to inform......

Words: 350 - Pages: 2

Premium Essay

Confidentiality

...The Importance of Confidentiality Within the healthcare sector there is an ethical code known as a ‘Care Value Base’ (CVB). The CVB helps to govern healthcare workers, and provides guidance as to how to act in particular situations. Its purpose is to eliminate discrimination and poor healthcare, while protecting the rights of the service user. One important ‘right’ to be upheld within healthcare, is a person’s right to confidentiality. Confidentiality requires withholding information, personal or otherwise, and not sharing it with anyone without consent. Patient confidentiality is particularly important within a healthcare environment as it is essential to maintain trust. “That is so they can have trust and confidence in the people who are giving them the service. A patient should be certain that, whatever their issues are, they won’t be shared with anybody else unnecessarily. That’s a basic right of every patient.” (The Nursing Times, n.d.) When ‘rights’ are upheld the service user is able to trust their doctor or nurse, and have the confidence to divulge their personal information and concerns. This means the service providers are then able to deliver the highest quality of care, because the service user feels safe and comfortable communicating. However as suggested above by the Nursing Times, sometimes it is necessary to break confidentiality. This occurs when to do otherwise would endanger others, or be a serious breach of criminal law. The CVB plays an important...

Words: 830 - Pages: 4

Premium Essay

Ethics of Confidentiality

...February 2nd, 2014   Breaking confidentiality is never ethical and is also losing faith between the patient-nurse relationships or amongst healthcare providers. The minute a patient walks into a health care setting they feel a trusting bond with the providers and expect reciprocation. The U.S. department of health and human services has the office of civil rights which imposes the “Health Insurance Portability and Accountability Act” (HIPAA) which protects patient information. Breaches of confidentiality are taken seriously by the office of civil rights and any breach of unsecured health information will be analyzed, and the person responsible will be prosecuted. All healthcare providers are expected to follow basic ethical principles during their practice and they are: “Respect for autonomy, Veracity, Beneficence, Non-maleficence, Fidelity, and Justice” (Maurer & Smith, 2013). These ethical principles are implemented and mandated through standards of practice and federal law in all healthcare and professional organizations. According to the American Nurses Association’s (ANA) standard of codes, the most important ethical principle is “respect for the inherent dignity and worth… of human existence and the individuality of all persons” (Maurer & Smith, pg. 12). When a patient arrives to the hospital the first task the patient goes through is to sign an informed consent form, also known as advanced directive which is done for confidentiality purposes. On Feb 24, 2000......

Words: 1065 - Pages: 5

Free Essay

Confidentiality

...Confidentiality Procedure Purpose of Policy Little Dreams Nursery is committed to keeping information about children, parents and carers and staff as confidential as possible. At Little Dreams Nursery we respect every parent and child's rights to confidentiality; with this in mind would all parents please be aware of the following points. Who is Responsible It is the responsibility of all members of staff to ensure that all confidential information including personal records for children, parents and staff remains confidential and within the confines of the setting. The information stored in the nursery files about the children is available only to Setting staff and the individual child's parents. This information is stored securely. Please see the Data Protection and Information Sharing Policies for further details. Parents and carers should feel that they can talk to a member of setting staff in complete confidence, if you would like this please speak to the member of staff of your choice, this information will not be shared unless it is in the best interests of the child, if the information is shared parents should feel secure that only setting staff will be privy to this information. Parents will be asked for their permission if the information is to be shared out-with the setting. Any information given to us about parents or children at the nursery will be treated with the utmost respect and will remain confidential to all except for nursery staff. (Please note: staff......

Words: 607 - Pages: 3

Premium Essay

Patient Confidentiality

...their care. Nurses do not have the right to disclose patient information on the interent according to Vicki Lachman (2013) this includes discribing patients by nicknames, and patient identifiers such as: room numbers, diagnosis or their conditions (para. 10). As nurses we have a duty to “…maintaining privacy (protecting them[patients] from undue intrusion), and confidentiality (by the discreet management of information about themselves [patients] that they share with us)” (Price, B. 2014). Stake holders, hospitals, nurses, the patient and their families all depend on the ethical implications of patient privacy and confidentiality. Lose of accreditation, fines by JACHO, lawsuits from patients; loss of professional license, criminal charges and termination of credentials are all possible negative outcomes for professional stakeholders. Finally, Erickson, and Millar, describe how patients and families lose trust in medical professionals, which ultimately leads to the erosion in the relationship between caregiver, and care provider can have dire consequences to the nurse/patient relationship (para. 9). The ethical dilemma faced by a nurse’s failure to protect patient privacy must be addressed through the application of appropriate ethical principles. Application of Ethical Principles Erickson, and Millar, (2005) states that the Code of Ethics for Nurses Provision three states: The nurse promotes, advocates for, and strives to protect the health, safety, and......

Words: 1034 - Pages: 5

Free Essay

Ethical Issues on Confidentiality and Privacy of Patients

...Ethical issues on confidentiality and privacy of patients According to American nursing association article regarding patients medical information’s privacy and confidentiality shows us “Advances in technology, including Computerized Medical Databases, The Internet and Tele-Health, have opened the door to potential, unintentional breaches of private /confidential information of patients, so nurses and other health professionals who regularly work with patients and their confidential medical records should contribute the development of standards ,policies and laws that protect patient privacy and confidentiality of health records .” Due to the fast advancement of technology, it is very hard to protect our privacy in the areas of medical sectors. Many people have access to patient’s medical records including the attending physician, house staff, student, consultant, nurses, social workers, pharmacists, billing staffs and insurance company employees. Although computerized medical records have vital roles to improve the access to medical information efficiently, they allow more serious breaches of confidentiality. For example, confidentiality can be violated at any computer station, and fax and e-mail also present opportunities for confidentiality to be broken. I think in my opinion, keeping medical information confidentially shows respect for patents that except physician to maintain confidentiality, and it plays a vital role in improving employees ethics at work. Furthermore,...

Words: 610 - Pages: 3

Premium Essay

Confidence in Confidentiality

...Running Head: Confidence in Confidentiality Ashley Cox Confidence in Confidentiality HCS 335 October 3, 2011 An interesting article about medical confidentiality for patients strikes the attention of many more patients in the waiting room of Doctor Zains office. The article was in a column of the poplar waiting room magazine called, Counselor”. The magazine is said to be for the addiction type professionals. The article that seemed to get the most attention from patients is called “Confidence in Confidentiality. The article talks about the privacy act for patients which is known as HIPPA, confidentiality regulations, and also briefly talks about different types of patient confidentiality situation. Confidential information is a main concern among patients; it is their medical information which is at stake here in their minds, but is that all that is at stake? The confidentiality privacy act is known as HIPAA, which is the Health Insurance Portability and Accountability Act of 1996. This act was passed by congress to improve portability and continuity of health insurance coverage in the group and individual markets, to combat waste, fraud, and abuse in health insurance and health care delivery, to reduce costs and the administrative burdens of health care by improving efficiency and effectiveness of the health care system by standardizing the interchange of electronic data for specified administrative and financial transactions, To......

Words: 1233 - Pages: 5

Free Essay

Confidentiality

...successor firm can continue to represent the same client using any member, including the sued lawyer? 2. Can the successor firm represent the client in the pending matters through members excluding the sued lawyer? 3. Can the successor firm represent the client with respect to one or more matters pending at the time of filing of malpractice suit against the individual lawyer and predecessor firm using lawyers who were not members of the predecessor firm? The lawyer must examine the situation impartially and carefully in a thought out manner, and arrive at a conclusion that the interest of the client in the ongoing matter as well as the future representation of the client will not be adversely affect. The test should consider how the confidentiality of the information protected by the lawyer-client privilege, as well as other secrets of the client will be handled in the future. The lawyer must believe the clients interest will not be adversely affected. If the lawyer disputes the malpractice claim, it’s not likely he should represent the client. If there’s no question to the malpractice and the lawyer is settling, it’s okay to represent. MRPC 1.10(a) indicates that when a lawyer associated with a firm is disqualified from representing a client, the firm is disqualified. If representation is to occur the client need to consent, and each member must administer the same test. RI-25 May 18, 1989 SYLLABUS A lawyer may not represent a client in other matters while the......

Words: 1419 - Pages: 6

Premium Essay

Confidentiality, Privacy and Security

...Confidentiality, Privacy, and Security Confidentiality, Privacy, and Security have a lot in common as they pertain to today's information technology in healthcare. However, they also have their own different meanings and significant roles in their functions in data maintenance and management. Confidentiality Confidentiality is one of the core duties in medical practice that requires healthcare providers to keep patient's personal health information private unless the patient provides consent to release the information. Confidentiality is important because patient's routinely share their personal information with healthcare providers and if the patient's confidentiality of their information is not protected then trust in the physician would diminish. Patients would also be less likely to share sensitive information, which could negatively impact their care. Privacy Privacy is the individual's right to keep his or her data to themselves and often it often applies to their rights as consumers to have their information safeguarded from other parties that involves the protection of vulnerable data, as well as their personal data from being freely distributed over the internet or sold to third parties. Privacy is vitally important when maintaining medical information because just like confidentiality, patients may not seek treatment or may withhold important information about their health out of concern for their privacy. When patients know that they can truly trust......

Words: 529 - Pages: 3

Premium Essay

Patient Confidentiality

...Patient Confidentiality As healthcare providers, maintaining a patient’s confidentiality, human dignity and privacy is expected at all times. Nurses are faced with maintaining patient confidentiality on a daily basis. The Coded of Ethics for Nurses is the framework of nonnegotiable ethical standards and obligations that all nurses are to uphold. Nurses are to be accountable for their actions and are expected to advocate and strive to protect the rights, health and safety of patients (American Nurses Association, 2011). Constant patient turnovers, visitors and numerous workers in and out of the emergency area can make it difficult for staff to maintain patient confidentiality. Due to lack of space and to give quick group report, end-of-shift report is often given in ear shot of other patients and visitors. At the structure of the hospital does not allow space so that the patients can be treated and their care discussed privately. These are a few examples that contribute to the ineffectiveness of maintaining patient confidentiality. In this paper, strategies will be discussed to address the issue of patient confidentiality and privacy. Nurses who work in the emergency room are faced with challenge of maintaining patient confidentiality. Patient Confidentiality in the Emergency Room Emergency room staff members are faced with issues of confidentiality on a daily bases. From the beginning of the triage process, the breach of patient confidentiality begins. Patients are......

Words: 682 - Pages: 3

Free Essay

Confidentiality in the Classroom

...Confidentiality in the Classroom RD Grand Canyon University: EDU 536 December 21, 2011 U.S. Education – Current and Future Trends Confidentiality is a hot topic – in the classroom, in business and in everyday life. Guarding personal information prior to the onslaught of identity theft was important but not to the extent that it is today. In today’s classroom protecting confidential information is a 3-fold process – protecting the student’s records, protecting personally identifiable information from the student’s record and allowing parent’s access to their child’s information. There are federal and state laws that govern confidentiality and how schools can and cannot utilize that information as outlined under the Family Educational Rights and Privacy Act (FERPA). FERPA, a federal law, applies to educational agencies or institutions that receive federal funds and protects the privacy of student educational records and assures parents the right to access those records. FERPA also allows authorized educational personnel the right to access and review student records without prior parental consent and in situations where conduct “poses a significant risk to the safety or well-being of a student, other students, or other members of the school community” allows the district to release information from a discipline record without consent to employees who have a legitimate educational interest in a student’s behavior. In Confidentiality issues: parental rights......

Words: 1254 - Pages: 6

Premium Essay

Patient Confidentiality

...Running head: PATIENT CONFIDENTIALITY Patient Confidentiality: Ethical Implications to Nursing Practice Grand Canyon University: NRS 437 April 3, 2012 Patient Confidentiality: Ethical Implications to Nursing Practice Patient confidentiality is a fundamental practice in healthcare and it is integral part of healthcare ethical standards (Purtilo & Dougherty, 2010). According to the American Nurses Association (ANA) code of ethics “the nurse has a duty to maintain confidentiality of all patient information”(Nursingworld, p.6). When confidentiality is breached the nurse may jeopardize the wellbeing and safety of a patient. There are some exceptions to this duty such as a greater need to protect the patient and other parties or mandatory laws that protect public health (Nursingworld, 2012). The situation presented in the article Betraying Trust or Providing Good Care? When is it okay to break confidentiality? Creates an ethical dilemma for the fictional nurse caring for a teenage patient diagnosed with a sexually transmitted disease as well as related cervical cancer. The nurse eventually notifies parents because of the need for further treatment that will require consent of parents. She also notifies the teenage patient’s school because of a concern for public health. Several valid concerns are presented in this article. First, when a patient’s confidentiality is betrayed that patient may not give full information to the healthcare team in the......

Words: 916 - Pages: 4

Premium Essay

Confidentiality

...CONFIDENTIALITY AGREEMENT This CONFIDENTIALITY AGREEMENT ("Agreement") is made on the 21st May of 2012. BETWEEN STA PHARMA LIMITED, hereinafter referred to as ‘The Company’ (which expression shall unless excluded by or repugnant to the context mean and include its successors-in-interest, legal representatives, executors, administrators and assignees) of the FIRST PART. AND INVESTMENTS LIMITED, hereinafter referred to as ‘FINANCIAL CONSULTANT’ (which expression shall unless excluded by or repugnant to the context mean and include their heirs, successors-in-interest, legal representatives, executors, administrators and assignees) of the SECOND PART. WHEREAS Nuvista Pharma Limited is engaged in the business of pharamaceutical manufacturing & distribution and LankaBangla Investments Limited is in the business of Merchant Banking as defined in the Merchant Banker and Portfolio Manager Rules, 1996; AND WHEREAS the second part is working for an undisclosed company which is willing to acquire the first part. In course of performing the acquisition, both The Company and second part may get or need access to and/or may need to disclose certain confidential and/or proprietary information regarding each other business plans, financial and operational services, processes, formula, data, know how, software systems, products and product development works; AND WHEREAS the both parties desire to protect such confidential and/or proprietary rights and desires to......

Words: 776 - Pages: 4