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UTRGV Patient Confidentiality and Privacy Discussion

UTRGV Patient Confidentiality and Privacy Discussion

Question Description

1) main discussion.

  1. Discuss the risk involved in breaching patient confidentiality and right to informed consent
  2. Discuss ways to manage high risk patients care.
  3. response 1 laba
  4. Discuss the risk involved in breaching patient confidentiality and right to informed consent
  5. There are many risks involved in regard to breaching confidentiality and the patient’s right to informed consent. Confidentiality of personal medical information is a patient right. According to Buppert (2018) breach of a patient’s privacy is an “ intentional tort” that may hold an Nurse Practitioner (NP) liable for lawsuit, and subject to disciplinary action by the state’s board of nursing. A breach of patient privacy can be considered malpractice, and viewed as a violation of both state and federal law (Buppert, 2018).The government can choose to fine the NP if found to be non-compliant with upholding the their expectation for protecting patient privacy (Buppert, 2018). Every patient in any type of care setting has the right to consent or refuse the treatment offered by their provider (Buppert, 2018). The NP should provide as much information as possible to every patient contemplating therapy of any kid to minimize personal risk and risk to that of the patient (Buppert, 2018). Failing to get informed consent can lead to a lawsuit against the NP based off of battery or negligence (Buppert, 2018). In this case the patient can win monetary compensation for the damages from the NP (Buppert, 2018).

    1. Discuss ways to manage high risk patients care.

    Several patient characteristics should alert the NP to use special risk management strategies to reduce liability and increase patient safety. Caring for a patient with multi-symptom failure puts the NP at risk for failure to refer (Buppert, 2018). These patients should be given proper referrals or the NP should work closely with a consultant to manage their care (Buppert, 2018). Patients with low intelligence may not have the capacity to make decisions about ones care (Buppert, 2018). This could pose a risk for informed consent to treat, and a guardian should always be present (Buppert, 2018). Poly pharmacy should alert the NP to discuss medications, side effects, and cautions each visit (Buppert, 2018). A print out of the medications and dosages should be given, and the NP should verify that the patient has good eye sight and can read (Buppert, 2018). When a patient is non-compliant with treatment the NP should be documenting their attempts at increasing compliance, and the strategies they have used (Buppert, 2018). Verbal responses from the patient regarding why he or she has been non compliant with treatment should be documented as well (Buppert, 2018). A pertinent positive on a review of systems should alert the need for further investigation (Buppert, 2018). Objective and subjective findings should be documented in detail, and the problems should be discussed in follow up visits (Buppert, 2018). NPs need to be especially careful when prescribing controlled substances for patients. Substance abuse of prescription drugs have become increasingly popular, and patient have filed law suit against their providers for contributing to their substance abuse problem (Buppert, 2018). Lastly, If a patient has made it known that he or she has filed suit against a provider in the past it would not be wise to continue being their provider of care, because it can be expected that they will most likely repeat the performance with their current provider (Buppert, 2018).

    References

    Buppert, C. (2018). Nurse Practioner’s Business Practice and Legal Guide(6th ed.). Burlington: Jones and Bartlett Publishing.

reponse 2 okong.

Discuss the risk involved in breaching patient confidentiality and right to informed consent.

Ensuring the security, privacy and protection of patient healthcare data is critical for all healthcare personnel and institutions. In this age of fast-evolving information technology, this is truer than ever before. In the past, healthcare workers often collected patient data for research and usually only omitted the patients’ names. This is no longer permitted, now any protected health information (PHI) that can identify a patient or the patient’s relatives, employers, or household members, must be omitted before being used for research. The Health Insurance Portability and Accountability Act (HIPAA) Public Law 104-191 was enacted into federal law to ensure that that patient medical data remains private and secure. There are two main sections of the law, the Privacy Rule which address the use and disclosure of individuals’ health information and the Security Rule which sets national standards for protecting the confidentiality, integrity, and availability of electronic protected health information. Medical ethics is a realm where four important subjects of philosophy, medicine, theology, and law are covered. Professional confidentiality is one of the basic components in building a constant providers’-patient relationship which nowadays, beside the novelty, it is the subject of discussion. A major penalty for breach of confidentiality is termination of employment. This is especially true if the employee in question signed a confidentiality agreement prior to starting the job. In most cases, this agreement has an explicit breach of confidentiality definition that includes a termination clause. In other words, an employee who signs this type of agreement agrees that a violation of confidentiality is also a violation of the employment contract. Another risk involved in the breach of confidentiality is employees can also be subject to a civil suit for breach of confidentiality. For example, if a healthcare worker discloses medical information to a person not authorized to receive that information, the breach of patient confidentiality consequences could include a civil lawsuit for medical malpractice. Healthcare privacy is essential, not only to protect a patient’s right to decide who has access to sensitive information but also to protect the provider and other healthcare professionals from malpractice claims. Breach of patient confidentiality consequences can include a sizeable award for damages and a loss of reputation. To guard against these types of breach of patient confidentiality consequences, many healthcare businesses and providers purchase malpractice insurance. In addition, a patient has a right to consent to the care being given and a right to refuse care that is offered. An NP has a legal responsibility to give a patient enough information about the risks and benefits of the care being offered that the patient can make an informed decision about accepting the care.

Discuss ways to manage high risk patients care.

In psychiatry clinical risk is not as stable as it might be in some other areas of medical care. Rather, clinical risk appears as an unstable assemblage in which diagnostic uncertainty and predictive risk can be entangled in different ways. Diagnostic uncertainty stems from the fact that despite the advances in understanding the mechanism of mental disorders in human mind, brain and body, there are no biomarkers by which to recognize a disorder or make treatment decisions. This persisting diagnostic uncertainty in psychiatry creates more uncertainties in clinical decision-making and in predictive risk reasoning. Also, certain patient characteristics should alert an NP to be especially aware of risk management strategies. These characteristics are multisystem failure, low intelligence, polypharmacy, noncompliant behavior, positive review of systems, substance abuse, and litigiousness. Many patients risk can be reduced by adequately training healthcare providers and staff, encouraging strong communication among staff-members, providing counseling services for those working with patients, and conducting competency assessments. Some of the ways to manage high risk patients is Pausing to imagine how the patient might be feeling (empathy). Putting yourself in your patient’s position is a powerful tool and requires reflection. Take the time to truly read the patient – what is the body language, tone, and word choice? Are they angry? Tired? Defeated? Perhaps they are burned out from their medication regimen or may be skipping medication here or there because they do not see immediate benefit. Recognizing these feelings and legitimizing them can help patients build trust and may increase the chance that they follow your advice and thus improve outcomes. Secondly, legitimizing a patient’s feelings- This is especially important when treating conditions that may not be physically visible. Legitimizing a patient’s feelings builds trust between the patient and the provider, and can ultimately lead to better outcomes, as the patient may be more willing to discuss their ailments.

References

Buppert, C. (2018). Nurse Practitioner’s Business Practice and Legal Guide (6th ed.).

Burlington: Jones and Bartlett Publishing

Hautamäki, L. (2018). Uncertainty work and temporality in psychiatry: how clinicians and

patients experience and manage risk in practice? Health, Risk & Society, 20(1/2), 43–62.

https://doi.org/10.1080/13698575.2018.1442918

Milanifar, A., Larijani, B., Paykarzadeh, P., Ashtari, G., & Mehdi Akhondi, M. (2016).

Breaching confidentiality: medical mandatory reporting laws in Iran. Journal of Medical

Ethics & History of Medicine, 7(13), 1–10.

Tariq R. A, Hackert P. B (2020). Patient Confidentiality. Retrieved from

https://www.ncbi.nlm.nih.gov/books/NBK519540/.


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