Libertarianism would suggest that, since you are unable to know for certain what the patient’s wishes are regarding the sharing of information, you should air on the side of caution and completely avoid sharing anything with their family. By doing this, you aren’t infringing on the patient’s right to liberty. If the patient felt that their past medical history was of importance and worth sharing, it is safe to assume that they would have done so. Based on this assumption, it is ethical to withhold any and all medical history that does not relate to their current medical
However, it is also very important that one must not imagine that a patient lacks the capacity to make a decision exclusively because of their medical condition, behavior, beliefs, apparent inability to communicate, age, appearance, disability, or the fact that they make a choice that one opposes with. The validity of consent is in two forms, voluntary and informed. Voluntary, the choice to either consent or not to consent to treatment have to be made by the individual themselves, and must not be subjective by force from medical staff, friends or family. Relating to the use of capacity and the morality, the Mental Capacity Act (2005) is also relevant to people aged 16 years and older, and states that no judgement should be presumed unless it is established that he or she does not have a capacity. Capacity is treatment specific and can fluctuate.
Moreover, the awareness of advantages and disadvantages of using smartphones and social media in healthcare is needed in order to use them in beneficial way and not to harm the patients. The nurse in the scenario did not follow the HIPAA, legal or any other regulatory requirements. The nurse did not have the right to discuss the patient’s condition with her friend. Health care professionals are obligated to protect patient privacy and confidentiality according to the HIPAA and general civil behavior guidelines (Gagnon & Sabus, 2015). The nurse had responsibility not to disclose any information about patient’s treatment to anyone who is not directly involved in patient’s care.
which then can cause conflicts among each stakeholder involved. A patient is going to have a different idea of how a health care should be managed. This in contrast to the way a physician may think the administration should be managed. Furthermore, each different stakeholder involved would have their own ideal reasons to why the health care administration
Compliance with Health Information Management Laws and Regulations Introduction Privacy and confidentiality are the fundamental aspects of health information management. The most important thing in health information management is the assurance to patients that the information they share with health professionals shall be maintained with confidentiality ("HIM Functions in Healthcare Quality and Patient Safety", 2018). The absence of such assurances increases the likelihood of patients withholding critical information. Withholding of information in health management may lead to detrimental effects which include adverse effects on the quality, safety as well as the outcome of care. Due to the high level of risk associated with health information,
It means carelessness in a matter in which the law mandates carefulness. A breach of this duty gives a patient the right to initiate action against negligence. Persons who offer medical advice and treatment implicitly state and undertake to have the skill and knowledge to do as under: • To undertake particular job. • To decide whether to take a case or not , • To decide the treatment suitable for particular case • To administer that treatment. This is known as an “implied undertaking” on the part of a medical professional.
They cannot simply start the treatment without asking the patient’s preferences or beliefs for the treatment, despite of the patient’s background, culture and language is different from the physiotherapists. Besides, the physiotherapists cannot make decisions for the patient to receive certain treatment, even though they think this is for the patient’s benefit. This totally violates the will of the patient, including the professionalism in physiotherapy care. Moreover, some patients might not clear about what have the physiotherapists instructed during the treatment. Thus, the physiotherapists should give the instructions again by slowly and politely to those patients instead of scolding them rudely.
Just remember this incident when you want to be inquisitive about a patient that you are not treating or accessing a patient’s medical records for no business purpose. When performing your job function, it is not a HIPAA violation if you release and/or access a patient’s PHI for treatment, payment or health operations (TPO). When accessing and/or releasing a patient’s PHI, ask yourself does this fall under the TPO exceptions? If it does, then you should just release the minimum information necessary to complete the task and if it does not, then you may need an authorization signed by the patient or his/her representative. In the event you are unsure if you can release and/or access a patient’s PHI, contact your supervisor or your organization’s Privacy Officer.
Complications with the application of Manual hyperinflation technique can arise from the incorrect use of Manual hyperinflation and incorrect patient selection. In order to ensure safe effective delivery of Manual hyperinflation technique in patient care, patients should not have any of the
From doctors not introducing themselves, explaining to patient about their condition and/or pharmacists not explaining to patients how to take a certain medication, these are all ‘small’ forms of unprofessional, this brings as to the following question.. What is unprofessional conduct? According to the Georgia Composite Medical Board (2012), as stated by the medical act " any departure from or failure to conform to the minimal standards of acceptable and prevailing medical practice and shall also include, but not be limited to the prescribing or use of drugs, treatment or diagnostic procedures which are detrimental to the patient as determined by the minimal standards of acceptable medical care ". The Health Professions Act (2010) furthermore explains that unprofessional conduct can be a situation that demonstrates incompetency in a skill and a lack of ethics. Incompetency in a skill can be either performing a skill. Lack of a skill can either be inability to perform a skill that a normal competent practitioner, on the same skill level would perform or it can be a lack a degree of care and quality when performing the skill comparing it other competent
This suggestion may be quite useful in busy clinics. However, opponents to this suggestion claim that patients seldom take the time to read preprinted text. Moreover, it is crucial that the informed consent for the anesthesia is done by the anesthesiologist and not the surgeon, because anesthesia is not within the scope of the surgeon’s medical and legal domain. Some anesthesia associations recommend separate forms of informed consent for anesthesia and the actual surgical procedure. This recommendation is made on the observation that combining these two distinct branches of medical procedures (i.e.