Thepurpose of this essay is to discuss confidentiality in relation to the role ofnurse and to explore the definition of confidentiality in nursingprofessionalism, followed by an introduction to the concepts of confidentialitycompetent practice.
The essay will talk about how it can be breach easily anddecision making in a confidentiality situation by giving examples to supportpoints. This essay will also focus on why confidentiality is vital in nursingpractice. Accordingto the NMC Code (2015), the confidentiality is to keep patients’ medical and personal details private that is givento the nurses. Healthcare workers should not be disclosed to the other peopleunless the patient has given permission to healthcare workers for them to shareit with specific people that patient given agreement.
Confidentiality is arequirement that nurses cannot have an opportunity to practice. For example, ifa patient shares or ask confidential question to a nurse, nurse should keepthat as a confidential and should not share it with other people (Case study12.2, Book: Law and Professional Issues in Nursing, 2008).
In nursingprofessionalism, confidentiality and honesty is the basis of trustingrelationship between the nurse and patient, as the clients have right to awaittheir personal details private. According to the NMC CODE (2015) states that aregistered nurse must respect people’sright to confidentiality. Similarly, according to the Code of Ethics for Nurses(ANA, 2001) states that confidentiality relates to the nurse’s role inpromoting and advocating for client’s rights related to privacy andconfidentiality. As nurses, confidentiality is their paramount vitalresponsibility to understand the importance of it and keep every singleinformation private. Inaddition, the professional duty of confidence there is legal obligation onnurses to respect patients’ confidences. The lawrelating to confidence is dealt with largely at common law. The obligationarises out of a general duty on everyone to keep confidential informationsecret (Prince Albert v Strange, 1849).
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Additionally, personal data need to beprotected against unauthorised and unlawful processing against accidental loss,destruction or damage. Confidentiality can easily breach by other people overthe phone. However, confidentiality can easily breach by the other people.
Abreach of confidentiality happens when information provided in confidence tonurse or any other healthcare workers by a patient is disclosed to a thirdperson without patients’ consent. The purpose of thedisclosure of patients’ personal information, may cause personal orprofessional problems, clients rely on nurses to keep their personal andmedical information confidential. Additionally, it is very rare for medicalreports to continue entirely sealed.
For instance, the kind way of breachingthe confidentiality is when clinicians share the real medical information as acase study. However, when these data advertised in the professional journals orthe nursing websites the personal detail of the patient is never revealed, itshould not be disclosed. On the other hand, if the journal has the personaldetails of the patient, it should be eliminated. When the confidentialitybreaching in any way, clients have the right to sue. There are different lawsthat relates to the confidentiality, which are Human Rights Act (1998), andData Protection Act (1998).
According to the The Data Protection Act (1998), thecontext of confidentiality requires processing to be fair and lawful, andpersonal data to be processed for one or more specified and lawful purposes. Furthermore,nurses have an ethical duty to disclose in conditions that includes asubstantial risk of important harm to the health and safety of the patient. Decision making within therealities of professionals practice is not always simple and there are timeswhen these requirements may conflict each other. Therefore, in these kind ofsituations nurses uses a process of ethical decision making before disclosingconfidential detail. When it is possible, this process includes consulting withwell-informed colleagues.
For instance, if apatient Jehovah’sWitness ad they do not believe in blood transfusion, they have right to refusesuch treatment even when their physician recommends it because as lawful itcomes under ethical decision-making. Nurses must give their patientsinformation about what their involvement will entail and clearly explain theresearch project as a leaflet because they would not understand it by verbalcommunication. Also a leaflet will help patient and is for patient to take awayto support them in their decision making. Private information for the administer in thehealth professional extends beyond client medical details to broaderinformation systems that includes the organisation as a workplace. Moreover,managing with the confidential detail within the health professional systemrequires ethical awareness, knowledge and decision making skill. Managers in health professional, will be able tonegotiate resolutions to ethical dilemmas concerning confidential details whenthey become familiar with the process of ethical decision-making, the issuesconcerning confidentiality in the health care environment, and the moralreasoning behind decisions to disclose information. Problems can be solvedthrough a process of sound reasoning and justification that accounts forconflicting values and results in mutually acceptable outcomes.
Inconclusion, nursesmust understand and maintain the patients’ confidentiality as it is a vitalelement in nursing profession also it contributes to caring, and forming trustbetween nurse patient. Nurses also have to act within the boundaries of the lawand must be accountable for their actions. Confidentiality is taken extremelyserious in healthcare professional and the reason for it, it has been drawn.Although it might be extremely difficult for a victim of a breach to secureredress secure compensation within the courts, employers and professionalframes have no hesitancy to impose severe penalties upon a transgressor.
Eventhough it is equally clear that the duty of confidentiality is not absolute andthat disclosure of details might be defensible in certain situations.
