Why Is It Important To Maintain Patient Confidentiality
This assignment looks at a legal and ethical issue in the healthcare setting. It will focus on the principle of confidentiality and how it relates to healthcare. Maintaining confidentiality is one of the fundamental components every health care professional must respect. It is both a legal and ethical responsibility of a health professional to understand the importance of maintaining client confidentiality. Learning to establish a balance between maintaining personal protection and administering efficient health care can be a difficult task.
According to the New Zealand Code of Ethics, confidentiality is applied to any written or spoken information, or of observed body language, acquired through privileged access. (New Zealand Nurses Organisation, …show more content…
2010). Any information acquired during communication with a patient about their condition, treatment, plan or any matters about their private life, should be treated according to New Zealand law and codes. Confidentiality does not just involve the physical information about a patient; it also involves the social and emotional aspects. (New Zealand Nurses Organisation, 2010). Laws apply to all these aspects and should be followed in order to provide effective healthcare. Many people believe privacy and confidentiality are the same things, however they differ slightly. Privacy refers to individuals choosing to keep their information to themselves, whereas confidentiality, as stated above, is protecting patient’s information. Nursing focuses on all aspects of care including preventing harm, safeguarding dignity, and advocating for defending clients rights. Being a student nurse it is important to gain a full understanding of all aspects of care, in particular patient confidentiality and privacy, before becoming a qualified member of the health care team. Health professionals have a legal and ethical obligation to provide a safe and professional patient-professional relationship towards any situation.
Even though health care professionals strive to maintain confidentiality, this is not always the case. An example from the clinical when patient confidentiality was jeopardised was with Fred (pseudonym), a 65-year-old male patient. He had a hematoma on his right kidney and was HIV positive. HIV is a disease that has much scrutiny from the public. It is often associated with embarrassment, stigmatism and discrimination for the individuals affected. (New Zealand AIDS Foundation, 2015). Due to HIV being an infectious disease spread through bodily fluids, often various health professionals need to know about the patient’s condition, in order to prevent themselves from harm. This can make it hard to maintain privacy whilst caring for this patient, but it still needs to be enforced.
On this particular occasion, two of the nurses began discussing information about the patient in an area where people could hear. They began to question amongst themselves how Fred became HIV positive. This violates the code of rights, as it states that patients have the right to freedom from any discrimination, exploitation and harassment. (New Zealand Nurses Organisation, 2004). Fred overheard the health care professionals talking about him and this really affected him. In the Code of Conduct for nurses, it states that even when names of the health consumer are not used, they can still be identified. (Nursing Council of NZ, 2012). Even though these nurses may not have intentionally given out specific details such as the name or room number of the patient, the health care professionals all work closely together, so the patient could have been easily identified. Health care professionals need to be aware that society feels a need to know all information. In order to protect themselves from harm, health care professionals need to ensure they are protecting patient’s personal information, and not caving in to societal pressures. (New Zealand Nurses Organisation, 2010). Health care professionals need to place the care of the patient over their own needs.
He felt embarrassed and felt as if he was a burden on the health care team. By sharing information with a fellow colleague in a public, it breaches these laws in place to protect patient’s rights. Consent was not established in this instance to have information shared for a non-medical related circumstance. A big aspect of gaining this trust is physically talking to the patient. If Fred knew the health care professionals were sharing his information, he may have felt it difficult to trust other health professionals with fear of discrimination.
Patients entrust health professionals with the information they provide and that the services provided that minimises any potential harm. Fred was put in harm both physically and socially. He faces discrimination and potential depression due to individual’s knowing about his condition. Fred entrusted the health professionals to know about his HIV, but due to discrimination from one nurse, he potentially fears further discrimination and segregation. (Health and Disability Commissioner, 1994) Health care professionals need to place the care of the patient over their own needs. Healthcare is being compromised due to these increasingly negative attitudes and services provided to HIV positive people. (Kershaw, 2007).
In New Zealand, it is illegal to discriminate against HIV positive patients. With reference to the Human rights act, it is prohibited to discriminate against anyone with the presence of body organisms capable of causing illness. (New Zealand Human Rights Commission 2003). From reading various literatures, many health care professionals stated that the stigma of having HIV is worse than the disease itself. This an be seen in Fred’s example, as he felt embarrassed and discriminated about his disease and his mind focused more on this, than the medical side of HIV. (Zaidi, Griffiths, Levack, 2012).
The key role of the health care team, in particular the nurse is protecting patient’s rights to confidentiality. Nurses are the ones who work in a close partnership with the patient more often then other health care professionals. Patients will more often disclose personal information to the nurse, than any other health care professional. A nurse is compelled to maintain this confidential information according to the Code of conduct for nurses. These codes state the nurse is required to protect the privacy of health consumer’s personal information and to treat the information gained from communication with health consumer for professional purposes. (Nursing Council of NZ, 2012). It is vital to respect the information the patient has provided as they have entrusted us. Once patients know they have developed trust, they are more likely to disclose all information and abide to their treatments and modifications, due to them feeling secure that everything will be kept confidential.
In order to conform to this privilege, Healthcare professionals need to utilise the various mechanisms in place to ensure patient confidentiality.
Depending on the area that they work, these mechanisms may vary, but there are always ones in place. Utilising the appropriate places to store confidential documentation is essential. By ensuring patients notes stay in the designated shelfs helps maintain confidentiality, so that they cannot get into the wrong hands. The use of padlocked bins is effective in disposing of confidential information. It is important to bring awareness and remind health care professionals to dispose of information, to ensure it does not get into the wrong hands. Sharing information should be on a need to know basis. It should only be shared with the patients themselves or other health care professionals in direct contact with the patient. It is essential to ask the patient’s permission to share information they have provided before sharing it with other health care professionals. It is important to support the patient’s freedom of choice to make informed consent. (New Zealand Nurses Organisation, 2010) Maintaining patient confidentiality does not only involve complex aspects. Simply closing the patient’s curtain or lowering your voice when talking to them can help patients feel safe. It is when health care professionals utilise these simple, yet effective techniques that true trust is
developed.
In order to maintain and establish a trusting relationship between health care professionals and the patients, how confidentiality is approached needs to be thoroughly looked at. Health care professionals need to be more assertive in addressing breaches of confidentiality, not only to prevent harm to them but also to ensure safety to the patient. One aspect of the Code of Ethics states to be alert to risks of organisational systems and standards that breach confidentiality, but also to challenge those that breach it. (New Zealand Nurses Organisation, 2010). If more individuals show increased scrutiny about breaches of confidentiality, then the prevalence will decrease. Individuals will learn to understand that it is unlawful and start to process that it is not acceptable. The nurses needed to put themselves in the patient’s position. He provided the health care professionals with confidential information and they violated his rights by discriminating him. (New Zealand’s Uncodified Constitution, 1990).
Confidentiality is one of the aspects healthcare strive to reinforce to patients, yet it is most often over looked. Providing patient confidentiality should be a high priority in the health care system. It is the duty of the health care professions to protect the wellbeing of those who are entrusted to their care by making ethical decisions and safeguarding the patients right to confidentiality. The ethical rights of a patient should not be overlooked purely on the basis of social priority. Health care professionals need to take more care to ensure they are providing adequate care for patients in all aspects and ensuring they are not violating patient’s rights. Various codes and ethics of rights are in place to ensure every individual has their own rights in all manners. Ensuring these patient’s rights are instilled with regards to healthcare are essential to establishing a trusting relationship and to becoming professional health care members.
According to the New Zealand Code of Ethics, confidentiality is applied to any written or spoken information, or of observed body language, acquired through privileged access. (New Zealand Nurses Organisation, …show more content…
2010). Any information acquired during communication with a patient about their condition, treatment, plan or any matters about their private life, should be treated according to New Zealand law and codes. Confidentiality does not just involve the physical information about a patient; it also involves the social and emotional aspects. (New Zealand Nurses Organisation, 2010). Laws apply to all these aspects and should be followed in order to provide effective healthcare. Many people believe privacy and confidentiality are the same things, however they differ slightly. Privacy refers to individuals choosing to keep their information to themselves, whereas confidentiality, as stated above, is protecting patient’s information. Nursing focuses on all aspects of care including preventing harm, safeguarding dignity, and advocating for defending clients rights. Being a student nurse it is important to gain a full understanding of all aspects of care, in particular patient confidentiality and privacy, before becoming a qualified member of the health care team. Health professionals have a legal and ethical obligation to provide a safe and professional patient-professional relationship towards any situation.
Even though health care professionals strive to maintain confidentiality, this is not always the case. An example from the clinical when patient confidentiality was jeopardised was with Fred (pseudonym), a 65-year-old male patient. He had a hematoma on his right kidney and was HIV positive. HIV is a disease that has much scrutiny from the public. It is often associated with embarrassment, stigmatism and discrimination for the individuals affected. (New Zealand AIDS Foundation, 2015). Due to HIV being an infectious disease spread through bodily fluids, often various health professionals need to know about the patient’s condition, in order to prevent themselves from harm. This can make it hard to maintain privacy whilst caring for this patient, but it still needs to be enforced.
On this particular occasion, two of the nurses began discussing information about the patient in an area where people could hear. They began to question amongst themselves how Fred became HIV positive. This violates the code of rights, as it states that patients have the right to freedom from any discrimination, exploitation and harassment. (New Zealand Nurses Organisation, 2004). Fred overheard the health care professionals talking about him and this really affected him. In the Code of Conduct for nurses, it states that even when names of the health consumer are not used, they can still be identified. (Nursing Council of NZ, 2012). Even though these nurses may not have intentionally given out specific details such as the name or room number of the patient, the health care professionals all work closely together, so the patient could have been easily identified. Health care professionals need to be aware that society feels a need to know all information. In order to protect themselves from harm, health care professionals need to ensure they are protecting patient’s personal information, and not caving in to societal pressures. (New Zealand Nurses Organisation, 2010). Health care professionals need to place the care of the patient over their own needs.
He felt embarrassed and felt as if he was a burden on the health care team. By sharing information with a fellow colleague in a public, it breaches these laws in place to protect patient’s rights. Consent was not established in this instance to have information shared for a non-medical related circumstance. A big aspect of gaining this trust is physically talking to the patient. If Fred knew the health care professionals were sharing his information, he may have felt it difficult to trust other health professionals with fear of discrimination.
Patients entrust health professionals with the information they provide and that the services provided that minimises any potential harm. Fred was put in harm both physically and socially. He faces discrimination and potential depression due to individual’s knowing about his condition. Fred entrusted the health professionals to know about his HIV, but due to discrimination from one nurse, he potentially fears further discrimination and segregation. (Health and Disability Commissioner, 1994) Health care professionals need to place the care of the patient over their own needs. Healthcare is being compromised due to these increasingly negative attitudes and services provided to HIV positive people. (Kershaw, 2007).
In New Zealand, it is illegal to discriminate against HIV positive patients. With reference to the Human rights act, it is prohibited to discriminate against anyone with the presence of body organisms capable of causing illness. (New Zealand Human Rights Commission 2003). From reading various literatures, many health care professionals stated that the stigma of having HIV is worse than the disease itself. This an be seen in Fred’s example, as he felt embarrassed and discriminated about his disease and his mind focused more on this, than the medical side of HIV. (Zaidi, Griffiths, Levack, 2012).
The key role of the health care team, in particular the nurse is protecting patient’s rights to confidentiality. Nurses are the ones who work in a close partnership with the patient more often then other health care professionals. Patients will more often disclose personal information to the nurse, than any other health care professional. A nurse is compelled to maintain this confidential information according to the Code of conduct for nurses. These codes state the nurse is required to protect the privacy of health consumer’s personal information and to treat the information gained from communication with health consumer for professional purposes. (Nursing Council of NZ, 2012). It is vital to respect the information the patient has provided as they have entrusted us. Once patients know they have developed trust, they are more likely to disclose all information and abide to their treatments and modifications, due to them feeling secure that everything will be kept confidential.
In order to conform to this privilege, Healthcare professionals need to utilise the various mechanisms in place to ensure patient confidentiality.
Depending on the area that they work, these mechanisms may vary, but there are always ones in place. Utilising the appropriate places to store confidential documentation is essential. By ensuring patients notes stay in the designated shelfs helps maintain confidentiality, so that they cannot get into the wrong hands. The use of padlocked bins is effective in disposing of confidential information. It is important to bring awareness and remind health care professionals to dispose of information, to ensure it does not get into the wrong hands. Sharing information should be on a need to know basis. It should only be shared with the patients themselves or other health care professionals in direct contact with the patient. It is essential to ask the patient’s permission to share information they have provided before sharing it with other health care professionals. It is important to support the patient’s freedom of choice to make informed consent. (New Zealand Nurses Organisation, 2010) Maintaining patient confidentiality does not only involve complex aspects. Simply closing the patient’s curtain or lowering your voice when talking to them can help patients feel safe. It is when health care professionals utilise these simple, yet effective techniques that true trust is
developed.
In order to maintain and establish a trusting relationship between health care professionals and the patients, how confidentiality is approached needs to be thoroughly looked at. Health care professionals need to be more assertive in addressing breaches of confidentiality, not only to prevent harm to them but also to ensure safety to the patient. One aspect of the Code of Ethics states to be alert to risks of organisational systems and standards that breach confidentiality, but also to challenge those that breach it. (New Zealand Nurses Organisation, 2010). If more individuals show increased scrutiny about breaches of confidentiality, then the prevalence will decrease. Individuals will learn to understand that it is unlawful and start to process that it is not acceptable. The nurses needed to put themselves in the patient’s position. He provided the health care professionals with confidential information and they violated his rights by discriminating him. (New Zealand’s Uncodified Constitution, 1990).
Confidentiality is one of the aspects healthcare strive to reinforce to patients, yet it is most often over looked. Providing patient confidentiality should be a high priority in the health care system. It is the duty of the health care professions to protect the wellbeing of those who are entrusted to their care by making ethical decisions and safeguarding the patients right to confidentiality. The ethical rights of a patient should not be overlooked purely on the basis of social priority. Health care professionals need to take more care to ensure they are providing adequate care for patients in all aspects and ensuring they are not violating patient’s rights. Various codes and ethics of rights are in place to ensure every individual has their own rights in all manners. Ensuring these patient’s rights are instilled with regards to healthcare are essential to establishing a trusting relationship and to becoming professional health care members.