Importance Of Law, Ethics And Professionalism In Healthcare Services Provision

Discuss about the Law Ethics And Professional Code Of Conduct.

Law, ethics and professionalism play a key role in healthcare services provision. Medical decisions are made with strict consideration these key elements. Legal issues are handled according to the existing common laws and state laws (Avery, 2016). They are made through a legislative process. Some acts may be amended, added or repealed to address the arising issues in health care. according Chadwick & Gallagher (2016) ethical issues are the values that one is expected to uphold in their respective profession. The respective regulatory body stipulates the accepted codes of conduct of its registered members. This promotes professionalism in the discharge of their respective duties. All these are set out to improve the quality of services offered.

The privacy act of 1988 regulates the collecting, use, handling of personal information in Australia (Webb and Dayal, 2017). Personal information is identified as true or untrue information or opinions of an identifiable person. The act outlines thirteen Australian Privacy Principles (APP) involved in the handling of private information. The second principle is about anonymity and pseudo anonymity (Mendelson and Wolf, 2017). It protects one from having the information linked to them. in this case, the name is completely withheld or another name which is not the true name of the individual is used in the case of pseudo anonymity. Sharni wrote a message directly to Carla. The information on the loss was directly linked to her. Her privacy was breached through this act. For any reason if her information was to be shared, and preferably not to the public, she ought to be delinked since she has not allowed its disclosure.  Legal And Ethical Issues In Healthcare Services: A Case Study

The sixth APP regulates the use and disclosure of personal information and sensitive information (Summons and Regan, 2016). Carla’s health records fall under sensitive information. It should have been held with utmost secrecy and can only be disclosed when she consents. There exist some exceptions to this law. When an APP agency is expected to use the primarily collected information for secondary purposes. The law may require the disclosure of such information for instance in a court or tribunal proceeding. The law hold that such information should not be published in the internet, either intentionally or non-intentionally, and be accessed by others. If an individual does not comply with these laws, they are held liable for breaching and would be penalized and convicted in accordance to the existing laws.

Australian Privacy Principles (APP) And Patient Confidentiality

Carla’s privacy has been invaded without her consent. Any action taken by a healthcare provider in the interest of the patient should receive a go ahead from the patient (O’Brien, et al, 2015). Clearly in the case scenario, Carla has not had a discussion with Sharni. Sharni goes ahead and writes a condolence message. She has not fully disclosed Carla’s information but has partially made it clear to the public that she had had a loss and was sympathizing. This is sensitive information and should not be disclosed unless there is a consent. She is prosecutable under the privacy act 1988 in the sixth principle. Her actions, though may seem unintentional are completely illegal. Sharni’s act is not an exception to this law, it is prosecutable.

Sharni accesses Carla’s and discovered that she had had an ectopic pregnancy that was removed. She posts a condolence message on her Facebook wall. The information on the patients’ health was collected and protected by the privacy act. Healthcare providers are allowed to access patient information as the agency is anticipated to use the information for a secondary purpose; treatment. The disclosure between health care providers involved in her case is allowed to ensure completely holistic approach in treatment.

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All those who are directly involved in provision of care can be allowed to access and use it appropriately. Sharni, on the other hand, was not attending to Carla. It was not her prerogative to gain access to the health records. She has illegally accessed the information. Sharni is a third party to whom the information was not shared. The security of Carla’s information has been breached unlawfully. Sharni will answer charges of illegally assessing patient information if they are aligned in a court. The hospital cold answer charges for not protecting personal information from illegal access. The hospital is expected to take reasonable steps to prevent the access, modification or loss of patient information (Williams et al, 2015). It is supposed to put in measures to ensure that the information is only accessed by those directly linked to provide care.

Ethics refer to the morally acceptable way of practice. In the nursing profession, some ethical principles have been developed over time and it dictates the way they respond to different clinical situations (Alligood, 2017). Some have been revised, others reaffirmed and others repealed. Some were adopted the Hippocratic oath while others have been adopted following major events in history. For instance, the use of human subjects in research became an issue of debate during the second world war and brought the principle of autonomy in decision making. In the recent past, social media has gained a lot of popularity from all corners of the world. The rights of a patient may be infringed in the process of adapting to the dynamics of technology. This makes it necessary to reaffirm some of these principles to make them more relevant and applicable to solve any dilemmas.

Ethical Principles In The Nursing Profession

The united nations declaration of bioethics and human rights was held to promote human dignity in bioethics and research. There are four principles of bioethics: autonomy, beneficence, non-maleficence and justice (Johnstone, 2015). These principles are fundamental in health service provision and applies to all the professions, including nurses. The patient has a right to make their own decision regarding a course of action in the course of treatment. They should not be coerced or made to undergo any procedure without their consent. The have the right to autonomy. This principle prevents them from taking an action that the patient has not consented even though they think it would be the best one to take. Handling of patient information should also be accorded the same level of autonomy. The patient should be allowed to decide on publishing of their private information. The autonomy of Carla in deciding whether her personal information should be shared was not granted. It was assessed and published without her permission.  Legal And Ethical Issues In Healthcare Services: A Case Study

The principle of non-maleficence states that any medical intervention should not be perceived to cause any harm to the patient (Chadwick and Gallagher, 2016). All the medical decisions made should be in the best interest of the patient. Sharni is bound by the nursing ethics to only do that which does not cause harm to the patient in the line of duty. Harm can be physical, emotional, or psychological. Her actions can be perceived to cause ham to Carla when she discovers that her private information had been published on an open platform. Her actions might be argued not to be a complete exposure of her information, but the fact that she did talk to her in private and express her sentiments shows some malicious intentions were underway. Even if this was not her motive, the fact still remains that it had the propensity of resulting into psychological harm. Such an action ought not to happen in the nursing profession.

The International Council of Nursing (ICN) has set out a code of ethics for the interaction between the nurse and other parties in healthcare (Schmidt, MacWilliams and Neal-Boylan, 2017). There are four elements of the code of ethics which include: nurse and people, nurse and practice, nurse and profession and nurse and co-workers. For a practicing nurse like Sharni, there are some expectations in their conduct in practice and in dealing with other people. She is expected to use information management system that ensures confidentiality. Her actions belittle the provisions of the code of ethics. Nurses are supposed to respect human rights and personal beliefs. Sharni has violated Carla’s rights. She is entitled to privacy once she gives out her personal and sensitive information under the Privacy act of 1988. Revocations of the right have not been permitted in the case scenario therefore under no circumstance should this be denied.

Code Of Ethics For Nurses

Professional conduct of individuals is regulated by the concerned professional body. The Nursing and Midwifery Board of Australia regulates the conduct of nurses and nursing students. It sets out the expectation in performing their duties. It registers nurses and registers them in accordance to the set out codes of conduct.

Nurses are expected to practice in a safe and competent manner (Kangasniemi, Pakkanen and Korhonen, 2015). This underscores the need to embrace competency in skills and ensuring that the safety of the patient is upheld. Sharni disregarded this code of conduct. She indulged in a practice that has the capability of causing psychological disturbance and discomfort to a patient. Disregard to the confidentiality of a patient may have effects on their social life and esteem.

Nurses are expected to work in accordance with the set standard and those of the health system in totality. According to Chadwick and Gallagher (2016) issue of confidentiality is always emphasized in the broader health system. Health care involves the provision of services to the people. Establishing and maintaining a rapport is of utmost essence. Trust and confidentiality form the foundation upon which healthcare services are provided. A breach of the trust has an overall net effect on the quality of services provided. The conduct of Sharni was in total breach of trust. Having had access to Carla’s file, she had a responsibility of maintain the confidence Carla had when she visited the hospital. Gaining the patients’ trust is an important aspect of the nurse patient relationship.

Nurses are expected to work in accordance to the relevant laws in discharging their professional duty. The privacy laws of 1988 are among the laws that form the mainstay in the practice (Keogh, et al, 2018). Nurses are expected to uphold them at all times. Failure to abide by them attracts a penalty as per the law. It also surmounts to professional misconduct. Professionally abiding by the laws catalyzes the process of discharging their duties. Sharni shows sheer disregard to the act which is a very important and relevant element of her practice. This is a professional misconduct.

Nurses are expected to treat personal information that is acquired professionally as confidential. The privileges of the relationship between a patient and a nurse should include confidentiality. By the virtue of being a nurse one is bound to safeguard patients’ information at all times. The information gained should be restricted to professional use (Birks, Davis, Smithson and Cant, 2016). To provide competent care to the patient, confidentiality is essential. In circumstances where such information is to be disclosed, then the individual in question should consent to such a move. Sharni did not uphold this professional mandate. She disclosed the information that is personal to the public. The information obtained was also not intended for the provision of care. she only pasted it on Facebook which clearly shows it was not used for its rightful purpose. Also she did not seek Carla’s consent before disclosing the personal information.

Professional Conduct Of Nurses

The Australian Health Practitioners Regulation agency and the national boards for the respective professions regulate the conduct of health practitioners. The AHPRA social media act of 2014 regulates the conduct of healthcare providers when using social media platforms. According to Panahi et al (2016) the act emphasizes on the responsibility and adherence to the confidentiality and privacy obligations. The act was developed to handle the increased use of social media which may result in the sharing of confidential information. Prohibiting the sharing of patient information to ensure that the patients privacy is upheld. Posting information directly to the person or sharing with another third party is considered a professional misconduct. Sharni indulged in the violation of this act and thereby exposing Carla’s personal information.

Conclusion.

Laws, ethics and professional codes of conduct ensures a smooth running activities in the health sector. They provide solutions to some dilemmas that require a blend of all of them to solve. The conduct of nurses should be above some standards to ensure quality and upholding of the patients right and dignity. Taking into account the gravity of their responsibility, they have an obligation to practice as per the standards. The law imposes penalties on those who violate its provisions. Ethics and professional codes of conduct are enforced by regulatory bodies.

References

Alligood, M. R. (2017). Nursing Theorists and Their Work-E-Book. Elsevier Health Sciences.

Avery, G. 2016. Law and Ethics in Nursing and Healthcare: An Introduction. SAGE.

Birks, M., Davis, J., Smithson, J. and Cant, R., 2016. Registered nurse scope of practice in Australia: an integrative review of the literature. Contemporary nurse, 52(5), pp.522-543.

Chadwick, R. and Gallagher, A., 2016. Ethics and nursing practice. Palgrave Macmillan.

Chadwick, R. and Gallagher, A., 2016. Ethics and nursing practice. Palgrave Macmillan.

Chadwick, R., & Gallagher, A. 2016. Ethics and nursing practice. Palgrave Macmillan.

Johnstone, M.J., 2015. Bioethics: a nursing perspective. Elsevier Health Sciences.

Kangasniemi, M., Pakkanen, P. and Korhonen, A., 2015. Professional ethics in nursing: an integrative review. Journal of advanced nursing, 71(8), pp.1744-1757.

Keogh, K., Gordon, C. and Marinovic, P., 2018. Cyber security: Global developments in cyber security law: is Australia keeping pace?. LSJ: Law Society of NSW Journal, (42), p.82. Legal And Ethical Issues In Healthcare Services: A Case Study