Choose an aspect of the law and discuss this in relation to the role of the nurse

Choose an aspect of the law and discuss this in relation to the role of the nurse

The outline of this assignment will be highlighting and elaborating on the issues on confidentiality in relation to the role of nursing. This essay will be deliberating on the prominence of confidentiality, the negative and positive element of confidentiality on how nurses comply with maintaining confidentiality as required. Confidentiality is initially part of the legislation called the Data Protection Act (1998).

The Data Protection Act (1998) was established to safeguard individual’s personal details which are located into a system where it’s preserved, secured and obtained only by personnel. The Act consists of eight imperative principles incorporated with the legislation that demonstrates how a patient’s information should be stored and handled.

Firstly, the optimistic aspect of confidentiality in relation to the role of nursing is that nurse’s obligations is to display courtesy and respects a patient’s confidentiality. As affirmed by the NMC (2008) "You must respect people's right to confidentiality." This indicates that when nurses discuss about treating patients, it’s imperative that they respect the patient enough to discuss their case privately so that the public are not aware of their condition. Likewise, a nurse respecting an individual right to secrecy enables them to feel reassured, comfortable to confide and disclose information in order to deliver appropriate care for them.

Confidentiality can be breached which prevails in maintaining confidentiality to protect the public, for instance, if a patient obtain notifiable diseases such as Tuberculosis it’s essential that the community are kept safe by health professionals carrying out practices to stop the disease from spreading.

Furthermore, confidentiality is a paramount element in nursing because as a nurse it’s their objective to provide the best quality of care which consists of respecting and protecting a patient’s privacy which they are entitled to as it is part of their human rights. According to Tschudin (2006) debates that “confidentiality is one of the most important rules of healthcare and that healthcare practitioners need to understand that confidentiality of information demonstrates respect for the individual.” A competent practice of confidentiality is when nurses encourage patient’s privacy which transparent into showing regards.

While on the contrary, the negative aspect of confidentiality in the role of nursing is that there is precisely a fairly amount of nurses who do fail to comply with maintaining confidentiality of a patient which portrays that an individual receiving care is not be treated in a dignified manner nor is there any integrity has been practiced.    

After conducting numerous researches on issues on confidentiality in relation to nursing, the most contemporary case was concerning a nurse who dishonestly betrayed the trust of a vulnerable patient. The article of ‘NHS patient data posed on Facebook’ and ‘Nurse sacked over Facebook patient picture’ are the same cases reported from different sources about a staff nurse displaying incongruous image of a patient that was completely intolerable, unethical and was dismissed for her actions. This conscious misconduct clearly portrays an absence of consideration at protecting patients and upholding their security which point out they need to undergo Continuous Professional Development Training to expand on their awareness of maintaining confidentiality.

Similarly, the (NMC 2009b) states that “Never post pictures of patients or service users, even if they ask you to do this”. “Our guidance on record keeping states clearly, you should not take or keep photographs of any person, or their family, that are not clinically relevant" This guiding principle given by the (NMC) asserts evidently that posting pictures of a patient is unquestionably deplorable and should not even be performed at work because it is considered as violation to the patient’s right.

In conclusion, maintaining confidentiality is a critical element in nursing as it contributes to caring, warming and forming trust with patients. Overall, confidentiality has not been implemented accurately and not practiced as demanded by law, thus confidentiality should be reinforced to all health profession ensuring they comply with guidelines by undertaking Continuous Professional Development Training to prevent confidentiality been breached.        

Appendices

Legal dimension to nursing practice session 2

Post-Session - Activities - Legal Dimension

List situations when you might be asked to disclose personal information.

Situations when I might be asked to disclose personal information is when it may be needed for a court of law or may be needed to safeguard public for instance if someone has 'notifiable disease'

A right to confidentiality

 

A patient has a right to have their personal information to be kept confidential and private.

Post-Session - Activities - Legal Dimension - Extra

What legislation relating to confidentiality is in place?

 

The legislation relating to confidentiality is in place in the Data Protection Act 1998, European Convention of Human Rights , Human Fertilisation and Embryology Act 1990, National Health Service Venereal Disease Regulations, Mental Capacity Act (2005), Freedom of Information Act 2000 and Computer Misuse Act 1990.

References

Data Protection Act 1998. [Homepage of University of Cambridge]. [online]. 21 February 2011 Available from http://www.admin.cam.ac.uk/univ/information/dpa/ [Accessed on 27/10/2011]

ICO. [Homepage of Information Commissioner's Office]. [online]. 24 September 2011

Available from: http://www.ico.gov.uk/for_organisations/data_protection/the_guide.aspx [Accessed on 28/10/2011]

Lynda R. (2009). ‘Ethical, legal and professional issues’. in A. Glasper, G. Mcewing &

J. Editor. Foundation Studies for Caring. Basingstoke: Palgrave, p.73-74

Hayden, S. (2011). ‘NHS patient data posted on Facebook’. Metro. 28 October, p15, (1-2)

Nursing times [Homepage of Webvision]. [online]. 2 November 2011

Available from: http://www.nursingtimes.net/nursing-practice/clinical-specialisms/management/nurse-sacked-over-facebook-patient-picture/5037400.article  

[Accessed on 3 November 2011]

NMC. [Homepage of Nursing and Midwifery Council 2010]. [online]. 1 April 2010

Available from: http://www.nmc-uk.org/Nurses-and-midwives/Advice-by-topic/A/Advice/Social-networking-sites/ [Accessed on 3 November 2011]

NMC. [Homepage of Nursing and Midwifery Council 2010]. [online]. 1 April 2010

Available from: http://www.nmc-uk.org/Nurses-and-midwives/Advice-by-topic/A/Advice/Confidentiality/ [Accessed on 3 November 2011]