Personal Professional Effectiveness Essay

Confidentiality bum be defined quite patently as a set of rules or a promise that limits entrance m maviny or places restrictions on certain types of randomness, however in this assessment, we argon trying to draw the connection amidst confidentiality and the links it as to my specific theatre of operations of nursing as also the developed impact it as on my situation. be more precise than broaden in defining what confidentiality means in my field of work, longanimous confidentiality is when the recompense of an private unhurried to sacrifice personal, identifi able medical training kept private such(prenominal) discipline should be available only to the physician of record and separate wellness conduct and restitution personnel as necessary.It safeguards personal and/or medical information disposed(p) to a health c atomic number 18 provider making sure that it im initiate non be disclosed to new(prenominal)s unless the patient has make upn informed consent. This is becoming extremely difficult to ensure in an age of electronic medical records and third- divergey insurance payers, which is why I collapse chosen to choses to theme especi bothy, to express my own concerns.The main focus of this denomination is to amplify our knowledge and understanding of the profession, ethical and legal issues that be associated with providing good c be to patients in a health and care setting. This assignment is aimed to look at the issue of confidentiality, which is a highly imperative topic to use when I practice. I thought it was essential to write about confidentiality as it is close tothing that everyone is entitled to, but dont necessarily get which goes against some of the acts and legislations that volition later be talked about boost into the assignment.I defiantly want to single out this topic in proportion to older adults. with my reading, which I admit I have done a few times myself we forget that some adults do non have the abili ty to entertain confidentiality to themselves. For example, a patient has asked for their moist bed sheets to be changed due to an accident that they had and repeating that information to others without taking the patients thoughts or feelings into consideration may have an substantial effect. Easy mistake, however confidentiality considers to be upheld to the highest and applied at all times. The Nursing and Midwifery Council (NMC, 2009), The encipher Standards of conduct (2008) enthuses, guides nurses, and midwifes to allow people to have the right knowledge about who they share information with and how we would go about it to provide the right care. It also enforces that we must disclose information if necessary, if we are to destine the patient might be at risk or a risk to someone else, which entwines with the Data breastplate Act (1998) which will later be discussed. Guides such as these nookie defiantly influence the aim of care in a prescribed way and the way we wor k with confidentiality.AccountabilityAccording to the NMC, The edict its states that as paids/ student nurses we are liable for our own actions and omissions in our health and care setting, alongside existence able to justify the reasons for making these decisions. This is also supported by Griffith and Tengnah (2010) which acknowledges the same grounds. In terms of confidentiality and accountability, I will be using the defined subject of record containing as I speak out it is a key factor towards good practice. Accountability is integral to maestro practice. As nurses, we do suffice m either decisions and it is important that we take responsibility to maintain that care. We are duty bound by the policies and procedures that administer our health and care profession. It is important that I know my limitations and know that once this relationship is established we have a duty of care to ensure that we provide what is expected.If this is goed, we hindquarters cause injury t o our patients and as a student nurse my mentor and myself are accountable for my actions as they oversee the care that I give towards the patient at hand. The law imposes a duty of care on practitioners, whether they are HCAs, APs, students, registered nurses, doctors or others, when it is passably foreseeable that they might cause harm 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 universe in our hands (Department of Health 2003). It is essential that we dont abuse and neglect this trust as it will can cause additional problems to both the nurse and the patients. For example, the patients may avoid getting further treatments or macrocosm seen by a health service because of the negative experience that they have had previously before.ethical motiveEthics is a philosophy 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 wizard he/she may lives by. Ethics is universal and is utilise in every profession however it is reinforced on our own morals and values. The NMC does non state specifically about ethics, however through the acts, our presidency body has provided laws and legislations, implying that ethics should be included throughout nursing. Its a certain code 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 to the full covered 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 not be seen as something serious. However discussing professional issues, information that has been discussed with you by a patient in y our 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 found sinful the nurse is most likely to be suspended following investigation and if the severity of the claim is over-whelming in that locationfore he/she will be fired.Laws such as HIPAA (1996) guidelines (Health Insurance Portability and Accountability Act) protects the silence 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 can 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 risks and so on They have the right to know and we cannot take that right away from them because we think different, by discu ssing these revelations the ethical commandment or B Beneficence found by Beauchamp and Childress (2008) suggests that we should allow them to nark this information to benefit them and seat our patients.Beauchamp and Childress (2008) suggests that there are four principles that can possibly structure a guide when looking at ethical decision making. These four consists of Autonomy, Non-maleficence, Beneficence and also Justice which they consider to be at the displace of the health and social profession.It proposes that there are three types of rules for guiding actions when using it. Some of the imperative and hearty rules consist of truth telling, confidentiality which is our main focus in this assignment, privacy and fidelity. Authority rules are the ones that favour who are capable and ought to perform those actions. Finally, it states that Procedural rules establish procedures to be followed.Non-maleficence obliges that no harm should be caused and forced onto patients whe ther it was rolely inflicted or by accident. Non-maleficence can easily be linked with confidentiality as having poor confidentiality can be regarded as clinical carelessness and negligence which can cause harm to the patients. Having inappropriate undisclosed 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 qualified or not its part of our role to be too 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 closely with The Mental strength Act (2005), making sure that we are taking note of autonomy if they not able to have the right mental capacity.However, through my training I have come across myself breaching confidentially. This was n ot 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 freedom of choice. We, as professiona ls 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 tamper 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 fit(p) before us.Law perseverings have a right to expect that information about them will be held in confidence 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. Commo n law are hardly pen in statutes but as been established by court decisions over time which to me indicate that a breachof confidence will be unlawful if the data is not in the public 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 justified by being in the public interest, if a data use is not a breach of confidence then(prenominal) it will normally also not constitute and infringement of the right to respect for private livelihood under the Human 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, residency with the DPA does not necessarily guarantee that there can be no breach of confidence. Now in relation to statues on confidentialit y you must disclose information to satisfy a specific statutory requirement, such as notification of a known or suspected case of certain infectious diseases. different regulatory bodies have statutory powers to access patients records as part of their duties to investigate complaints, accidents or health professionals physical fitness to practise. You should satisfy yourself that any disclosure sought is required 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.Most if profession if not all abide by the data security system 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 publisher and electronic. Poor record keeping is inexcusable and unprofessional by any reasonable and sensible person. A healt h professional record is the only this that is a legal nonverbal form of communication which is obligingness of the care that has been devoted 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 wrong 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 broken several times. I came across a nurse who was braggy out unwanted information to a member of public, even though it was a family member of the adult male it was not accepted as he did not agreed to this. The Nursing Midwifery Counc il defined disclosure as the giving of information. One aspect of privacy is supposed to be that individuals have the right to understand access to their own personal health information. Disclosure 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 in article 8 (right to respect for private and family life). Therefore, it meant not respecting the clients wishes and als o 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 absorb 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 Evidence Act (1984) which permits healthcare professionals to pass on data and information to the police 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. imputable to the professional duty we have we have to report these kinds of things if observed. Disclosure to third parties is when information is shared with other people that are not directly linked with the individuals care. Nurses hav e 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 understand 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. ConclusionIn conclusion, from undertaking this assignment I am now able to adjudge 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 focussing on whats important which is the patient. Their needs need to go offset whether its their health, their safety or their care. I am in a privileged position where I am respected and trusted by others its imperative that it is not abused under any circumstance. Its essential that I implement these ac ts and legislations when caring for my clients so I can give them the ruff quality of care possible.I was able to develop 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 safe 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 machinate analysis table to devise my learning from this assignment.StrengthsWeaknessesAble to use information to the best of its ability and follow through it to certain situations such as when to know how to safeguard a patient, disclose information etc. try 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 expire 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 stirHaving 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 read about other laws, acts and legalisations that I can implement into my practiceAble me to see different types of situations through the experiences where confidentiality might have be en brokenWorking in a team will allow me to take on and digest different peoples personality and behaviours, which I can apply to my daily 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 just about me can lead me to break confidentiality, so making sure that I notice these things because I can be involved without knowingReferenceAdrian ODowd. 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