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Confidentality Essay

1575 words - 7 pages

The law does not give permission to the health care professionals to disclose the medical information of the patients. It is the right of a patient to have his or her personal identifiable information to be confidential. This medical information is suppose too only be available to the physician of record as well as other necessary health care and insurance personal. Confidentiality of patient was protected by federal statute, as of 2003. Passing of federal regulations which was the Health Insurance Portability and Accountability Act of 1996 was facilitated by the requirement of having privacy as well as protection of personal records and data in an electronic medical records environment and ...view middle of the document...

In this occasion it becomes very hard for the medical information to be confidential. There is viewing of the health records occasionally by just not physicians and their staffs only but as well medical laboratories, employees of insurance companies, researchers, public health insurance and a lot of others. In any case an employer is providing health insurance; the employee files may then be accessed by the employer and designated employees.
The requirement of the 1996, Health Insurance Portability and Accountability Act (HIPAA) is that every organizations and professionals to guard the privacy of their customers and patients, Carter P. I. (2002).  Patients are supposed to provide written permission in order for their medical and health related information to be released. At all levels employees are needed to maintain confidentiality. More to that there has been put place policies for a given period. It was the need of the Joint Commission on Accreditation of Healthcare Organizations (JCAHO) for accreditation to be maintained. Every release of the confidentiality is suppose too identify the type of the information that is to be released, the permitted people or groups that can access the information, and provide limit to the period of time that the release is supposed to be valid.
NMC (2004) code of professional conduct section five, applies to confidentiality. It states that every registered nurse, midwives or health visitor must protect confidential information. The importance of the patient confidentiality is that it creates a good relationship between the practitioner and the patient, and the practitioner has the obligation of keeping the information private as per the Hippocratic Oath. In any case there is dissemination of personal information without the permission of the patient, the confidence in medical profession might be eroded and expose professionals of the health care to legal action, General Medical Council (2009).
Moreover, duty of confidentiality is much important due to its assistance in preventing the act of discrimination against individuals who are living with HIV/AIDS, D. Pataki (1995). HIV infection always creates a risk of stigma as well as discrimination which is not realized with other diseases. Having knowledge of other peoples’ status of HIV causes inferences about their social contact, drug taking habits or sexual behaviors. Individuals living with HIV may undergo problem of loosing certain benefits in any case their identity are disclosed, Christine Stewart (1993). Like, a direct community effect is that such individuals are going to face rejection from the members of community. These people may even loose their friends, jobs and even housing, E. Farmer (1996). 
Many at times physicians tend to be sued by patients that have realized that their information have been released without them giving permission. The cost of legal action is always burdensome to both sides even though there is no prevalence of the...

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