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Patients informed consent
Patients informed consent
Section 3 and 4 of the human rights act
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Exploring the meaning and uses of both privacy and dignity in healthcare, this article sets out to find what separates the two or combines them together and asks the question ‘do the two words have such different meanings?’. HealthCare professionals are set the daily task of ensuring not only people’s health is treated and maintained but to ensure the general well-being of patients is taken into account. Privacy is one of many fundamental human rights set out in in legislation and underpins human values such as dignity and freedom (Gov UK, 2015).
Privacy Article 8 of the human rights act (1998) states that privacy in its many forms is the underpinning of freedom from unauthorised intrusion. In which context privacy is measured
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Privacy is commonly reflected upon these concepts and widely described as a precondition for privacy; Personal space is a dimension of which is difficult to measure due to people’s personal requirements and feelings, it is an invisible surrounding of the human body, almost a force field dividing a “protection” from one person to another (Leino-Kilpi et al., 2001). Healthcare providers must gain consent for entering into a personal space by touching a client, for example a midwife palpating a female’s abdomen must always ask for consent before doing so, otherwise she would be committing an act of assault (Halvorsen et al., …show more content…
Privacy and dignity are key aspects to good practice and work hand in hand with confidentially and consent (Scie, 2010). In England and Wales, the Health and Social Care Act has led to Patient Information Advisory Group, meaning patients now have the right to be informed of their care choices and make informed choice in their best interest, therefore maintaining their privacy and dignity at all times in the course of the care offered in hospital or out (Chalmers, 2003). However, confidentiality has been seen as an indispensable element in healthcare for many years and privacy was to some extent overlooked, being compared to the rights of others or societal groups. This then started leading to confusion and dispute in regards to consent over medical data and information within healthcare settings, between professionals without the patient’s consent (Chalmers, 2003). The Data Protection Act 1998 states ‘disclosure or information sharing of a patient's personal health information to another professional group or third party e.g. social services must be considered very carefully and should only be done with the expressed consent of the patient.’ Therefor meaning all patients must be informed the information will only be
A basic definition of confidentiality is that information about a patient is not discussed openly (Edge and Groves, 2007). This ethical principle became an issue when the government gave medical facilities lists of people who were in the study. Again, the patients were not informed that they would not be able to
A way of making each person understand what is being asked of them is to offer them a leaflet explaining that they are consenting to their information being shared and why their consent is needed. Also, another form of consent is implied consent, this is when an individual is unable to explicitly say that they want their information to be shared but their behaviour displays that they are willing for their information to be shared. In the study of Anwar, it is clear to see that his GP did not have any consent off Anwar, the GP just assumed that Anwar would be okay about being referred to the diabetes clinic. Although the doctor did not have any consent off Anwar, the GP passed on the information to the diabetes clinic for Anwar’s safety (The Open University, 2014,
Which is very important for nurses or any medical professional to do in the healthcare profession. Nurses are receiving these patients in their most vulnerable state, nurses are exposed and trusted with the patients’ information to further assist them on providing optimum treatment. Keeping patient’s information private goes back to not just doing what’s morally right but also it also builds that nurse – patient relationship as well. We also have provision three that specifically taps on this issue as well, as it states: “The nurse seeks to protect the health, safety, and rights of patient.” (Nurses Code of Ethics,
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.
2. When should the patient be advised of the existence of computerized databases containing medical information about the patient?
Privacy is a complex concept with no universal definition as its meaning changes with society. Invasion of privacy occurs when there is an intrusion upon the reasonable expectation to be left alone. There has been a growing debate about the legitimacy of privacy in public
... middle of paper ... ... ‘The client’s right to control how his/her personal health information is collected, used and disclosed’. CNO practice standard : confidentiality and privacy – personal health information.
Every patient that is admitted to hospital, or seen by a health professional has a right to his or her own privacy, and it is through ensuring professional boundaries are upheld that this basic right can be achieved. According to Levett-Jones and Bourgeois (2011, pp. 237) confidentiality is an obligation made by a professional to respect the information given by a patient to healthcare professional. In this modern age, privacy can be hard as society relies on technology as a form of communication, allowing for information to be more readily available. However, by posting on Facebook about a patient or informing a friend, the trust created in a therapeutic relationship is breach and is called a boundary crossing. Thompson (2010, pp.26) understands that “At times, boundary crossing may be unintentional, but emphasizes th...
As we may all know our right to privacy is a human right and an element of various legal traditions which may restrain both government and private party action that threatens the privacy an individual’s background. These two men named Warren and Brandeis wrote that privacy is the “right to be let alone”, and focused on protecting individuals. The right to privacy is out own right to keep a domain around us, including things around us such as our own body, home, property, thoughts, feelings, secrets, and our identity. We have our right to choose who we let to access our parts also as to contro...
...y is not absolute and that the disclosure and justification of some individuals cases can potentially be successful. Moreover the person who disclosed the information will always be the person under scrutiny of the common law. Professionally, if the health care worker adhere to the policy it offers much protection for the topic of confidentiality and the correct attitude to retain information correctly.
Patient confidentiality is one of the foundations to the medical practice. Patients arrive at hospitals seeking treatment believing that all personal information will remain between themselves and the medical staff. In order to assure patients privacy, confidentiality policies were established. However, a confidentiality policy may be broken only in the case the medical staff believes that the patient is a danger to themselves or to others in society. Thesis Statement: The ethics underlying patient confidentiality is periodically questioned in our society due to circumstances that abruptly occur leaving health professionals to decide between right and wrong.
Laws and regulations state there are no exceptions to disclosing information of a patient without consent. If a patient gives consent to a family member the healthcare provider may devise a code to give family members so they may confirm their identity.
This profile adheres to the School of Health and Social Care’s guidelines set by Teesside University’s code of conduct in relation to confidentiality and consent. The profile also adheres to the NMC guidelines referring to consent and confidentiality as a real person has not been used; therefore consent did not need to be gained.
In this sense, privacy, from the symbolic interactionist position that the self is created through social interaction, is a necessary precondition for the creation and preservation of the self. The “self” entails personhood, autonomy, and identity. Privacy can be experienced in a number of forms. Alan Westin defined four states – or experiences – of privacy: solitude, intimacy, anonymity, and reserve. Solitude is a physical separation from others (31).
Individual privacy and confidentiality play a role in both research and clinical health care settings. In each instance, standards and expectations put in place by researchers and health care practitioners to follow to protect patients and research participants while interacting with them. The evolving health care system and convergence of research and treatment protocols to create learning health care systems (LHCS) are creating the need to look at patient confidentiality and privacy differently to protect them and their information.