Ethical Implications of a Breach of Confidentiality
Evidently, a breach of confidentiality is all that fails to adhere or show respect to patient autonomy. This includes all forms of violation for patient confidentiality through shreds of betrayal. It is on these grounds that patients should be aware that they actually have a right to their confidentiality which is frequently demonstrated within the common law. In other specific areas, it is outlined within the statute law. In the event that patients think that the doctors have offensively breached confidentiality, they will be in a position of pursuing their respective grievances in various ways (Garrett et. al., 1993). For this instance, there are disciplinary proceedings that are implemented based on the policies of the land where the practitioners’ license can be struck off. Further, civil proceedings cold take place and may be forced to pay patient compensation. In some cases, there have been criminal proceedings which could be taken up. For this reason, in the event that any doctor is seen to be overly guilty, there could be court charges court for breaking the legal provisions on confidentiality. In the end, result they continue risking to be 'struck off' the practitioner’s register (Ellis & Hartley, 2004). Medical students will be at a high risk of facing expulsion from medical school. The general rule will regard the release of the patient's medical record where there was due information that was contained within the patient's medical record in releasing it to any form of third parties in the event that the patient consents to the disclosure.
Ethical Principles to Substantiate This Position
There are many ethical theories insisting on the need to show respect to individuals. The deontological school of thought emphasizes on the need to regard individuals as the central figures for the decisions which affect their respective life choices. One of the ways of doing this is respecting the confidentiality concerning medical information. Irrespective of the consequences, it is significant to show respect on the manner in which the patients wish to have their information reserved as confidential (Hendrick, 2000). This fundamentally forms the way of showing due respect to the individual’s dignity as a person which is not viewing them as a means to a given social end. On the other hand, there are consequentialist prepositions for the maintenance of confidentiality. This means that confidentiality continued to protect people with vulnerable states. This also means that they are critical in encouraging patients to be fundamentally candid on their respective injuries and disorders. In a case where the patient fears that certain information on the illnesses as well as treatments will be subject to broadcast, they may consider withholding information. This way, medical management can be essentially compromised (Daniels, 2003). Also if the breach confidentiality physicians routinely, it raises fears among patients in not trusting them. This overall effect is highly prejudicial in the management of certain somatic diseases and could turn out to be rather damaging among psychiatric relationships.
Reasonable Alternative to Address the Dilemma
In cases where the attending physician, patient, nurse, patient family, surrogate or other legitimately persons involved disagree on if certain forms of treatment would be at the best interest of the patient, meetings need to be called upon under which such parties will continue having due chances of exchanging the diverse forms of such information and views. Usually, the family priest or hospital chaplain will come in handy in determining the best alternative. The fact that many health care workers are in dire need of accessing information on patients, it is important to protect confidentiality which is normally a critical challenge for the health care institutions (Buppert, 2008). For instance, family members who are well-meaning may want to have an awareness of the patient’s diagnosis which they do not wish to be further disclosed. Family members visiting may press the medical staff to make a disclosure for the specific diagnosis. Under such circumstances, doctors as well as nurses will bear the obligation of advising the family against the patient’s wishes. Indeed, some of the most tempting breach confidentiality reasons are those under which it is apparent that certain good or benefit will be achieved (Hendrick, 2000). Irrespective of this fact, there is a strong presumption for confidentiality that needs to be maintained across all health care relationships.
Approaching the dilemma using ethical theories
In breach of confidentiality, the manager in charge of the nurses needs to be contacted to correctly advise human resources, the legal department, and the nursing administrator for further course of action. The guidance in this case is based on the best ways of investigating the issue. Here, the manager confronts the nurse involved for purposes of discussing the variations of the confidentiality breach. Through careful consideration as well as in accordance to the policies in place for corrective action, the nurse can be handed a suspension even without pay up to the point that the investigation is completed. Once the investigation comes to an end, the parties involved unanimously decide on the subdue measures depending on the severity of the breach (Bosek & Savage, 2007). Even though the breaches of confidentiality are not willful policy violations, the nurse in such situations needs not consider the consequences of the actions prior taking a path which breached patient confidentiality. For more of these situations, the managers will collaborate for purposes of preventing such forms of events from ever happening again. The scenario will then be developed towards teaching situations for the need of assisting staff to understand the constituents of breaches of confidentiality as well as the consequences which can possibly occur.
References
Bosek, M. S., Savage, T. A. (2007) The Ethical Component of Nursing Education: Integrating Ethics Into Clinical Experiences. New York: Lippincott Williams & Wilkins
Buppert, C. (2008) Nurse Practitioner's Business Practice and Legal Guide. New York: Jones & Bartlett Learning,
Daniels, R. (2003) Nursing Fundamentals: Caring and Clinical Decision-Making. New York: Cengage Learning,
Ellis, J. R., Hartley, C. L. (2004) Nursing in Today's World: Trends, Issues, and Management. New York: Lippincott Williams & Wilkins
Garrett et. al., (1993) Principles of Biomedical Ethics: Erlanger Medical Ethics Orientation Manual 1 of 12
Hendrick, J. (2000) Law and Ethics in Nursing and Health Care. New York: Nelson Thornes
