Personal Professional Effectiveness Essay

Confidentiality piece of ass be delineate quite simply as a set of rules or a promise that limits access or places restrictions on current types of randomness, but in this assessment, we argon trying to draw the conjunctive between confidentiality and the links it as to my specific range of nursing as in any case the unattack competent impact it as on my role.Being to a greater extent precise than broaden in defining what confidentiality means in my field of work, patient confidentiality is when the amend of an individual patient to take for personal, identifiable checkup tuition kept cloak-and-dagger such(prenominal) data should be available entirely to the physician of record and other wellness c atomic number 18 and indemnification personnel as necessary.It safeguards personal and/or medical examination in reboundation leave al unmatchedn up to a health anguish provider reservation sure that it ordain non be unwrap to others unless the patient has bri ngn informed consent. This is go extremely difficult to ensure in an age of electronic medical records and third- revealy insurance payers, which is why I obtain chosen to choses to theme especi every last(predicate)y, to distill my own patronages.The main focus of this assignment is to amplify our knowledge and arrest of the profession, ethical and legal issues that ar associated with providing good c be to patients in a health and cargon setting. This assignment is aimed to look at the issue of confidentiality, which is a highly imperative topic to use of goods and services when I workout. I horizon it was essential to write ab issue confidentiality as it is something that everyone is entitled to, but take upt necessarily get which goes against some of the acts and legislations that exit later be talked close progress into the assignment.I defiantly want to single step to the fore this topic in apprisal to older adults.Through my training, which I acquiesce I hu rt done a few quantify myself we blockade that some adults do non cede the ability to apply confidentiality to themselves. For example, a patient has asked for their moist bed sheets to be changed callable to an accident that they had and enjoin that breeding to others without pickings the patients thoughts or feelings into consideration may construct an substantial effect. Easy slip ones mind, save confidentiality asks to be upheld to the highest and applied at all times. The Nursing and Midwifery Council (NMC, 2009), The Code Standards of conduct (2008) enthuses, guides nurses, and midwifes to allow people to have the right knowledge about who they share study with and how we would go about it to provide the right apprehension. It also enforces that we must shit information if necessary, if we are to think the patient ability be at risk or a risk to someone else, which entwines with the Data fortress Act (1998) which ordain later be discussed. Guides such as the se post defiantly fix the level of care in a positive look and the way we work with confidentiality. officeAccording to the NMC, The Code its states that as nonrecreationals/ student nurses we are liable for our own actions and omissions in our health and care setting, alongside cosmos able to justify the reasons for making these decisions. This is also supported by Griffith and Tengnah (2010) which acknowledges the aforementioned(prenominal) grounds. In terms of confidentiality and accountability, I will be using the defined subject of record take holding as I think it is a key factor towards good serve. Accountability is integral to professional practice. As nurses, we do make m some(prenominal) decisions and it is important that we take responsibility to maintain that care. We are duty bound by the policies and procedures that administrate our health and care profession. It is important that I know my limitations and know that once this relationship is effected we have a duty of care to ensure that we provide what is weared.If this is breached, we muckle incur injury to our patients and as a student nurse my learn and myself are accountable for my actions as they over verify the care that I accommodate towards the patient at hand. The honor of nature imposes a duty of care on practitioners, whether they are HCAs, APs, students, registered nurses, doctors or others, when it is reasonably foreseeable that they efficacy cause rail at to patients through their actions ortheir failure to act (Cox, 2010). The patients look up to us and are dependent on our expertise and knowledge by placing their health and well world in our hands (Department of wellness 2003). It is essential that we dont abuse and neglect this trust as it will stinker cause additional problems to both the nurse and the patients. For example, the patients may avoid getting further treatments or being seen by a health service because of the contradict experience that they have had previously before.EthicsEthics is a doctrine that identifies between right and the wrong acts or decision that is in relation to an individual. How we all interpret, ethics will be different to the next as it is rather an individual principal he/she may lives by. Ethics is universal joint and is used in every profession however it is built on our own morals and values. The NMC does not state specifically about ethics, however through the acts, our governing body has provided laws and legislations, implying that ethics should be included passim nursing. Its a legitimate codification that should be followed but due to peoples morals and values its sometimes dismissed and not up taken to its highest importance.There are certain elements of confidentiality that are not full come up toed by the law are things such as gossiping about what a friend had discussed with you. Ethically its argued that what that individual done was wrong but because the law does not cover it, it may no t be seen as something serious. However discussing professional issues, information that has been discussed with you by a patient in your professional role is against the code of conduct which is covered by the NMC. We have to safeguard our patients. Disclosing patients information is also against the law, and if institute guilty the nurse is most likely to be suspend following investigation and if the severity of the claim is over-whelming then he/she will be fired.Laws such as HIPAA (1996) guidelines (Health Insurance Portability and Accountability Act) protects the privacy of the patients personal information allowing identifiable information private. The guideline like the one all the other laws regulate that states that those who do not comply cigarette either be suspended whilst investigations are carried out or be relievedof their duty completely. In twining both law and ethics, we have a duty to disclose any information that we might have about their health, progress or ri sks etc. They have the right to know and we cannot take that right away from them because we think different, by discussing these disclosures the ethical principle or B Beneficence found by Beauchamp and Childress (2008) suggests that we should allow them to access this information to benefit them and empower our patients.Beauchamp and Childress (2008) suggests that thither are four principles that can by chance structure a guide when spirit at ethical decision making. These four consists of Autonomy, Non-maleficence, Beneficence and also arbiter which they consider to be at the centre of the health and social profession.It proposes that there are one-third types of rules for guiding actions when using it. Some of the imperative and strong rules consist of truth telling, confidentiality which is our main focus in this assignment, privacy and fidelity. ascendence rules are the ones that favour who are capable and ought to perform those actions. Finally, it states that Procedur al rules open procedures to be followed.Non-maleficence obliges that no harm should be caused and forced onto patients whether it was intentionally inflicted or by accident. Non-maleficence can easily be linked with confidentiality as having despicable confidentiality can be regarded as clinical carelessness and negligence which can cause harm to the patients. Having inappropriate un expose information breaches the duty of care. The NMC (2010) states that safeguarding is a part of our daily nursing practices in whatever setting we happened to be in. In addition to that, as a nurse whether we are dependant or not its part of our role to be alike able to identify when something is unsuitable and manage situations effectively. This can be because a person that is in my care is at risk, whether they have been mistreated or neglect and also if there has been poor practice. This can link nigh with The Mental Capacity Act (2005), making sure that we are taking note of autonomy if they not able to have the right cordial capacity.However, through my training I have come across myself breaching confidentially. This was not an intentional act but after the shift, I still managed to have the handover sheet for that day still slipped into my side pocket without realising when I got home. This breaches confidentiality as that information should not have been taken outside the ward, and if someone else found it, it could put that patient at risk. In addition to that I am encouraging patients information to be disclosed to people they font know. Upon noticing this, I realised straight away of the consequences and made sure that I disclosed of the information properly.On the other hand, Beneficence refers to actions that are implemented that can possibly contribute and help the well-being of others. It holds two principles which is that positive beneficence necessitates the provision of benefits and also utility requires that the benefits and drawbacks are balanced. The main thing that we should give to every patient is respect and autonomy which allows them to have a liberty of choice. We, as professionals should not discharge that even if it came to a situation where we disagreed. A good example of this is during my practice Ive seen that to some abortion might be seen as wrong ethically, however, the law accepts it making it legal to do. We cannot tamp with that, and if a riot was formed against it, it would be seen as an act against the law and would be taken seriously as they are disturbing the peace. Its hard to judge sometimes what is wrong from right but we have to stick to the rules that are placed before us.LawPatients have a right to expect that information about them will be held in self-reliance by their doctors/nurses. You must treat information about patients as confidential, including after a patient has died. This duty of confidence is derived from common law the decisions of the Courts and statues which are passed in parliament . The common law of confidentiality applies to anyone who discloses information in a way that constitutes a breach of confidence. Common law are hardly written in statutes but as been established by homage decisions over time which to me indicate that a breachof confidence will be unlawful if the info is not in the macrocosm domain. It is in some way sensitive or significant the data was obtained in circumstances when an obligation to keep it in confidence might be expected (a good example is nurse -patient relationship).Use of the data is unauthorised but that a breach may be lawful if reassert by being in the public interest, if a data use is not a breach of confidence then it will comm provided also not constitute and infringement of the right to respect for private life under the tender Rights Act 1998. Even if a data use is not a breach of confidence, you will still need to be sure you comply with the conditions of the Data Protection Act 1998 (DPA). Similarly, respect with the DPA does not necessarily guarantee that there can be no breach of confidence. Now in relation to statues on confidentiality you must disclose information to satisfy a specific statutory requirement, such as notification of a known or suspected case of certain infectious diseases. Various regulatory bodies have statutory powers to access patients records as part of their duties to investigate complaints, accidents or health professionals fitness to practise. You should satisfy yourself that any disclosure sought is needed by law or can be justified in the public interest. Many regulatory bodies have codes of practice governing how they will access and use personal information. near if profession if not all abide by the data protection act (1998) it governs the processing of information that identifies living individuals. Processing includes holding, obtaining, recording, using and disclosing of information and the Act applies to all forms of media, including paper and elect ronic. Poor record keeping is insupportable and unprofessional by any reasonable and sensible person. A health professional record is the only this that is a legal nonverbal form of communication which is conformation of the care that has been given to that patient. Which links back to accountability, by using record keeping effectively their professional accountability wont be judged and questioned. The courts embrace that if there is no identification or it has been recorded, it simply has not been taken place (Owen, 2005)Other legislations for example The Human Fertilisation and Embryology Act (1990), The Mental Capacity Act (2005) and The Computer impose on _or_ oppress Act (1990), all have their individual importance but theone that relates more to my field in nursing is disclosure. Relating back to my time in practice I myself have seen the data protection act illogical several times. I came across a nurse who was large out unwanted information to a member of public, even though it was a family member of the gentleman it was not accepted as he did not agreed to this. The Nursing Midwifery Council defined disclosure as the giving of information. One aspect of privacy is supposed to be that individuals have the right to control access to their own personal health information. apocalypse is only lawful and ethical if the individual has given consent to the information being passed on such consent must be freely and fully given. Consent to disclosure of confidential information maybe explicitly implied required by law or capable of justification due to the public interest.The NMC states, The common law of confidentiality reflects that people have a right to expect that information given to a nurse or midwife is only used for the purpose for which it was given and will not be disclosed without permission. According to the NMC it identifies that confidentiality is a fundamental part of professional practice that protects human rights which is identified i n article 8 (right to respect for private and family life). Therefore, it meant not respecting the clients wishes and also defeating the act. I have also seen on a few occasions members of staff not logging out of the system, with patients information there on the screen for anyone to look at. This information is secure for a reasons and not logging out can be an easy mistake on a busy ward. Nevertheless, it is essential to keep that information to those who are permitted to see it. However, there are times where information can be disclosed under the law. Such as the Police and Criminal leaven Act (1984) which permits healthcare professionals to pass on data and information to the law if they believe that someone may be of been harmed or more fatal, death, may occur if the police are not informed.This links closely with safeguarding and also accountability. Due to the professional duty we have we have to report these kinds of things if observed. Disclosure to third parties is whe n information is shared with other people that are not directly linked with the individuals care. Nurses have to ensure that those of the third party are informed properly. . People in the care of a nurse or midwife have a right to object to the use and disclosure of confidential information in this case. However, its essentialthat they need to be made aware of this and completely run across its implications and backfires. Information that can possibly identify individuals information that is in the care of a nurse must not be used or disclosed. expirationIn conclusion, from undertaking this assignment I am now able to apply the knowledge that I have gained from this important topic into practice. It has allowed me to see how simple and easily confidentiality can be broken when not direction on whats important which is the patient. Their needs need to go first whether its their health, their safety or their care. I am in a privileged position where I am respected and trusted by o thers its imperative that it is not abused under any circumstance. Its essential that I implement these acts and legislations when caring for my clients so I can give them the best quality of care possible.I was able to break down an awareness of my own and others professionals role and boundaries in safeguarding individuals that may be vulnerable. The three elements that were discussed, accountability, law and ethics are the heart of nursing. Directing our attention on these elements can help to support to create boundaries and moralities in the health and care setting, making it a more safer and reliable with accountable staff. As a nurse I would need to be competent to deal with professional issues, ethical and legal issues that I may come across during my training.I have produced a SWOT analysis table to devise my information from this assignment.StrengthsWeaknesses equal to(p) to use information to the best of its ability and apply it to certain situations such as when to kno w how to safeguard a patient, disclose information etc.Trying to uncover problems and knowing how to report it as its part of my duty of care.Be able to demonstrate that I am making sure that the patients that I am caring for are my first concern and priority.Being able to be focussed at all times to notice when I might break confidentiality, for example taking a handover sheet home by accident and not disposing of it properly.Not be able to be confident at periods to engage with other members to tell them if I have seen confidentiality being broken as I might think it might lead myself to be in troubleHaving the confidence to tell someone that is senior that what they are doing is wrong (such as a mentor or colleague), it might shape my learning in practice differentlyOpportunitiesThreatsIt allows me to strengthen my knowledge about the Acts, Laws and Legislations and apply them.Allows me to research and rake about other laws, acts and legalisations that I can implement into my pr acticeAble me to witness different types of situations through the experiences where confidentiality might have been broken functional in a team will allow me to take on and digest different peoples personality and behaviours, which I can apply to my popular life and also most importantly my work in how they keep confidentialityIn me being able to analysis certain situation and give my best evaluation on certain problems I think it will help me judge on good and bad situations and how to deal with themTo understand that people around me can lead me to break confidentiality, so making sure that I notice these things because I can be manifold without knowingReferenceAdrian ODowd. (2013). HCAs and patient confidentiality. purchasable http//www.nursingtimes.net/whats-new-in-nursing/unison/hcas-and-patient-confidentiality/5000408.article. weather accessed twenty-fourth may 2013. Anne Mehnke. (2010). Managing a breach in patient confidentiality. on tap(predicate) http//journals.lww. com/nursingcriticalcare/Fulltext/2010/07000/Managing_a_breach_in_patient_confidentiality.12.aspx. utmost accessed 22rd may 20013. British Association for Counselling & Psychotherapy. (2013). Respecting privacy and confidentiality. Available http//www.bacp.co.uk/ethical_framework/ETHICAL%20FRAMEWORK%20(BSL%20VERSION)/Respectingprivacyandconfidentiality%20.php. Last accessed 24th May 2013. College of Registered Nurses of British Columbia. (2010). Privacy and Confidentiality.Available https//www.crnbc.ca/Standards/Lists/StandardResources/400ConfidentialityPracStd.pdf. Last accessed 22rd May 20013. D, Marijke . (2013). HIPAA Privacy Rule & Patient Confidentiality.Available http//nursinglink.monster.com/education/articles/2370-hipaa-privacy-rule-patient-confidentiality. Last accessed 24th May 2013. E Notes. (2013). Patient Confidentiality. Available http//www.enotes.com/patient-confidentiality-reference/patient-confidentiality-172269. Last accessed 24th May 2013. General Medical Counsi l. (2009). Confidentiality. Available http//www.gmc-uk.org/guidance/ethical_guidance/confidentiality.asp. Last accessed 22rd May 20013. Health and human development. (2013). Theoretical Approaches To Health Care Ethics. Available http//www.personal.psu.edu/dxm12/n458/index.htm. Last accessed 22rd May 20013. Legislation.gov. (2013). Computer Misuse Act 1990. Available http//www.legislation.gov.uk/ukpga/1990/18/contents. Last accessed twentieth May