Patients consent must be sought regarding the sharing of any information with family members or other parties. NMC [online] 2005.
Is it ethical to break a confidence? A health care professional/worker has a moral duty to the client/patient to maintain confidentiality, however if the worker considers that the information given to them (i.e. a threat to harm themselves or another) it should be reported to an appropriate body, it should be clearly stated to the individual that the information they disclose will be passed on to another health professional, especially if child protection issues arise. NMC [online] 2005.
Ethics are moral codes of practice which are concerned with moral conduct. Richards, J (2003).
The Data Protection Act 1998 is a legislation that covers confidential information. This act came into force on 1st of March 2000. It replaces the previous Data Protection Act 1984, the Access to Health Records Act 1990 and the Access to Personal Files Act 1987.
It sets rules for and applies to personal information, paper records and computer held records. It covers data held in the respect of any individual including financial and credit information, membership of organisation, medical, health and social services records. Nolan Y, (2001).
Good record keeping helps to protect patients and clients by promoting:
- High standards of clinical care and continuity of care
- Better communication between health care professionals regarding information of clients/patients.
- An accurate account of treatment, care planning and delivery.
Chaloner, R et al (1997).
Nolan, Y (2001) states that the Caldecott committee (1997) recommended a series of principles to undertake when handling any patient information, they are:
- Principle 1 – Justify the purpose.
- Principle 2 – Do not use the patient identifiable information unless absolutely necessary.
- Principle 3 – Use the minimum necessary patient identifiable information.
- Principle 4 – Access to patient identifiable information should be kept on a strict need to know basis.
- Principle 5 – Everyone should be aware of their own responsibilities.
- Principle 6 – Understand and comply with the Law.
As a registered practitioner you are professionally accountable to the NMC (Nursing and Midwifery Council), your employer, and to the Law for your own actions & omissions, regardless of directions or advice given from another health care professional.
In your defence you may not state that you were acting on someone else’s orders. If work is delegated to a non registered NMC person then you are accountable to ensure that the person is able to carry out the work given to them and you should ensure that the work has been done correctly. NMC [online] 2005.
NMC press statements [online] 2004, acknowledges that a nurse aged 55, has been removed from the register following a hearing in chesterfield. The nurse was found to have:
- Failed to provide appropriate care to a patient,
- Failed to follow safe procedures for summoning assistance,
- Attempted to administer medication incorrectly and
- Moved a patient in an unsafe manner.
Not only has this nurse’s action had dire consequences for him/her but also to:
- The patient – The patient may now be traumatised or even in worse health due to the nurse’s actions.
- The patient’s family – the family would be angry that the nurse has failed in his/her duty to provide adequate care for their family member and may lose their trust and respect for nurses due to this.
- Members of the health care profession – The ward where the nurse worked may now be suffering due to the bad publicity and they may be stigmatised due to their colleagues’ actions.
- The NHS Trust – by receiving bad publicity the effects may have consequences on the trust itself (e.g. an inquiry will be undertaken regarding this matter, therefore removing resources from the trust).
The role of the NMC is to ensure that nurses and midwives provide high standards of care to enable the public to be protected. Standards are set and improved in educational, practical and professional conduct areas. The NMC provides advice to the nurses and midwives and considers allegations of misconduct or the ability to practice due to ill health. NMC [online] 2005.
References
Books
Chaloner, R et al (1997) GNVQ – Health and Social Care, Advanced – 2nd edition. Heinemann, Bath.
Nolan, Y (2001) Care – S/NVQ Level 3. Heinemann, Bath
Richards, J (2003) Complete A-Z – Health and Social Care Handbook, 2nd edition. Hodder and Stoughton, London.
Electronic sources
Nursing and Midwifery Council
Accessed 10th, 12th, 15th and 19th May 2005.
