patient confidentiality can be broken, if necessary, to report suspected abuse. false true

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Ch 3 HSCC Flashcards | Quizlet

31 hours ago Patient confidentiality can be broken, if necessary, to report suspected abuse. true. A(n) _____ is at least 18 years of age or meets certain requirements, such as being married. ... false imprisonment Written instructions are prepared by the patient to be followed if she becomes unable to make health care decisions. advance directive >> Go To The Portal


Patient confidentiality can be broken, if necessary, to report suspected abuse. TRUE Only health care professionals who work in office environments or highly technical occupations are likely to use computers in their work. FALSE It is not necessary to back up data if your computer has a large hard drive with adequate storage space.

Full Answer

Can patient confidentiality be broken to report suspected abuse?

Patient confidentiality can be broken, if necessary, to report suspected abuse. A (n) ____________________ is at least 18 years of age or meets certain requirements, such as being married.

Should therapists break confidentiality when their clients express violent thoughts?

Notably, many depressed clients may express suicidal thoughts. Likewise, many clients with anger issues may express violent thoughts. The fact a client has merely expressed these thoughts in the context of seeking help for them is not cause to breach confidentiality. Instead, the standard which many therapists use is the prospect of intent.

When can a breach of patient confidentiality be justified?

Patient confidentiality: when can a breach be justified? Confidentiality is central to the preservation of trust between doctors and their patients. Patient confidentiality is not absolute. Legitimate exceptions are disclosures with patient consent, when required by law and where there is a public interest.

When to consult a medico-legal representative about patient confidentiality?

When a disclosure is contemplated, each case must be considered on its own merits. In such cases, it is advisable to consult with senior colleagues, your hospital legal representative or local Caldicott guardian, or medical defence union. None declared. This article summarizes the main medico-legal issues involving patient confidentiality.

Can patient confidentiality be broken if necessary to report suspected abuse?

Patient confidentiality can be broken, if necessary, to report suspected abuse. Only health care professionals who work in office environments or highly technical occupations are likely to use computers in their work.

Can doctor-patient confidentiality be broken?

A breach of doctor-patient confidentiality can be considered malpractice; therefore, inappropriate disclosures of information can be grounds for a medical malpractice lawsuit. Depending on how atrocious the disclosure was, it may be possible to recover compensatory damages for the consequences of the breach.

What is considered a breach of patient confidentiality?

A breach of confidentiality occurs when a patient's private information is disclosed to a third party without their consent. There are limited exceptions to this, including disclosures to state health officials and court orders requiring medical records to be produced.

When can patient confidentiality be broken UK?

Breaking confidentiality is done when it is in the best interest of the patient or public, required by law or if the patient gives their consent to the disclosure. Patient consent to disclosure of personal information is not necessary when there is a requirement by law or if it is in the public interest.

When can confidentiality be broken in health and social care?

Care workers can also break confidentiality if they suspect an individual is going to seriously harm themselves or someone else.

When should you break confidentiality in medicine?

Situations in which confidentiality will need to be broken: There is disclosure or evidence of serious self-harm (including drug or alcohol misuse that may be life-threatening). There is evidence of serious mental illness.

Where can patient confidentiality be broken?

Doctors can breach confidentiality only when their duty to society overrides their duty to individual patients and it is deemed to be in the public interest.

What happens if you break patient confidentiality?

If a doctor is found to be guilty they can be charged in court with breaking the law on confidentiality. As a result they risk being 'struck off' the GMC register (and this has happened to many doctors in recent years). Medical students in turn risk expulsion from their medical school.

What is a breach of confidentiality quizlet?

Summary of Breach of Confidentiality definition: unauthorized access, acquisition, use, or disclosure of protected health information (PHI) Breach of Confidentiality includes. security or privacy of information is compromised.

Can you break confidentiality for safeguarding?

If you need to break confidentiality and inform someone such as a medical professional, safeguarding adults' team or the person's emergency contact about your concerns without their consent, we recommend you do this with the support of a Welfare Officer, committee member or member of management.

What are the 3 reasons to break confidentiality?

Breaching Confidentiality.Confidentiality can be broken for the following reasons:Threat to Self.Threat to Others.Suspicion of Abuse.Duty to Warn.

When can confidentiality be breached safeguarding?

A breach of confidentiality occurs when confidential information is not authorised by the person who provided it or to whom it relates, putting said person in danger or causing them embarrassment or pain.

What happens if a doctor breaks confidentiality?

If a doctor is found to be guilty they can be charged in court with breaking the law on confidentiality. As a result they risk being 'struck off' the GMC register (and this has happened to many doctors in recent years). Medical students in turn risk expulsion from their medical school.

Is everything you tell your doctor confidential?

Q: Will my doctor tell my parents what we talked about? A: Your doctor will keep the details of what you talk about private, or confidential. The only times when your doctor cannot honor your privacy is when someone is hurting you or you are going to hurt yourself or someone else.

What is Doctor patient confidentiality called?

Physician-patient privilege–also called doctor-patient privilege–is a protection that ensures the privacy and confidentiality of communications between a medical professional and their patient.

What is meant by patient confidentiality?

The duty to maintain patient confidentiality means that physicians do not share the health. information with anyone outside of the patient's circle of care, unless authorized to do so. by the patient.1,8 There are varying interpretations of what constitutes the patient's circle of.

Why do doctors disclose confidential information?

This is the most common reason for revealing confidential details. If the patient expressly consents to disclosure, a doctor is relieved from the duty of confidence. Consent may be explicit or implied. Explicit consent requires active agreement but may be written or oral. It is the preferred form as there is no doubt as to what has been agreed and is usually required for sharing more sensitive data. The patient must have the necessary capacity to consent, that is, understand, retain, and balance the information, and also communicate their decision. This can be challenging in the critical care setting when patients are often sedated or suffering disease processes affecting their conscious level.

What is considered confidential?

The general principles of what is considered confidential have been outlined in common law. A duty of confidence arises when one person discloses information to another (e.g. a patient to a doctor) in circumstances where it is reasonable to expect that the information be held in confidence. To represent a breach, confidential information must: Enforcement of a legal duty in the UK has to date been relatively weak. Both the GMC and Department of Health 3 provide ethical guidance for professionals that would nonetheless be given considerable weighting by the courts or independently lead to professional disciplinary action. There has to date been no criminal conviction of a doctor for breach of confidence, although civil claims in negligence have occurred and damages awarded ( Cornelius v Taranto [2001] 68 BMR 62) when confidence has been breached by revealing medical information without explicit consent.

Why is great care needed when using the media to highlight concerns over patient welfare?

However, great care must be taken when using the media to highlight concerns over patient welfare when breaches may cause distress to patients or their relatives and result in disciplinary proceedings. To summarize, anaesthetists must be vigilant to the duty of confidentiality and the legitimate exemptions.

Why is confidentiality important?

Confidentiality is central to the preservation of trust between doctors and their patients. The moral basis is consequentialist, in that it is to improve patient welfare. There is a wider communitarian public interest in the protection of confidences; thus, preservation of confidentiality is necessary to secure public health.

How many people with HIV are not aware of their diagnosis?

Up to 40% of patients with HIV are not aware of their diagnosis on admission to intensive care. 9 Dealing with a newly diagnosed patient, when they do not have the necessary capacity to permit disclosure of the information to at-risk partners or contact tracing is legally and ethically challenging.

What is a serious offence?

The Police and Criminal Evidence Act 1984 considers a ‘serious offence’ a crime giving risk to national security, interfering with justice , and causing death or serious injury. The Act provides police with powers to access materials normally classified as excluded such as medical records, providing a warrant has been obtained by a circuit judge.

What is the need to know basis for access to personal information?

Access to personal information should be on a strict need-to-know basis. All users and handlers of patient-identifiable data should be aware of their responsibilities. Understand and comply with the law. Justify the purpose of disclosure. Only use patient-identifiable information where absolutely necessary.

What would happen if confidentiality had to be agreed upon with a unique contract between every therapist and client?

If confidentiality had to be agreed upon with a unique contract between every therapist and client, breaches of that contract would inevitably end up in court. This would add an additional burden to the court system, which confidentiality laws mitigate by preemptively defining critical elements of the legal and economic contract between therapist ...

Why is it important to know when to break confidentiality?

Knowing when to break confidentiality in counseling is key because there are certain situations in which the therapist is legally obligated to do so. If the therapist confidentiality is not breached in these cases, the therapist may be subject to censure if there is subsequently a discovery of their failure to fulfill their legal obligation.

What would happen if confidentiality was not enshrined in law?

If confidentiality were not enshrined in law, therapists could be compelled to testify regarding their client’s therapy for various legal or criminal proceedings, which would be a substantial amount of unpaid time resulting from therapeutic work with a client. Lastly, confidentiality laws protect the state.

Why is confidentiality important in therapy?

Clients can be emotionally secure when they confide in their therapist, and they can also be certain they are protected from most admissions of crimes or breaches of contracts so long as they are made during therapy. Confidentiality also protects the therapist to a much lesser extent by relieving the therapist of the obligation to testify in legal ...

What is confidentiality in therapy?

Confidentiality is a legal construct which prevents the disclosure of the events of therapy. Therapist confidentiality gives the client the assurance they can share whatever they want with you. Nonetheless, there are a number of critical limits of confidentiality in counseling. In some cases, due to forces outside your and your client’s control, ...

What are the situations that are exempt from confidentiality?

According to the privacy and confidentiality section of the APA’s ethical code of conduct for therapists, there are four general situations which are exempt from confidentiality: The client is an imminent and violent threat towards themselves or others. There is a billing situation which requires a condoned disclosure.

When should therapists use their best judgment?

Thus, therapists should use their best judgment to determine when their clients have an intent to harm themselves or someone else when measuring when to breach confidentiality. Because many states have mandatory reporting of suspected child abuse, the therapist’s judgment is more constrained in these cases.

What was the first attempt to enforce public health measures?

The first attempts to enforce public health measures came about as the result of: The Black Plague of the Middle Ages. The belief by Christians during the Middle Ages that disease is a punishment for sins resulted in: a lack of medical discovery and progress.

Why is it becoming more acceptable in our society to discontinue the use of artificial means of life support?

It is becoming more acceptable in our society to discontinue the use of artificial means of life support because: it simply postpones a death that is going to happen anyway as a result of the patient's current illness or injury. The term "euthanasia" means: taking deliberate action that results in death.

What is the purpose of the Patient Bill of Rights?

One of the principal purposes of the Patient's Bill of Rights, developed by the American Hospital Association, is to: give patients the opportunity to make decisions regarding their care.

What are transmission based precautions?

Puncture resistant containers are kept: All places where patient care takes place. Transmission based precautions include: Airborne, droplet and contact precautions. Isolation of a patient in the hospital requires:

What is the five step problem solving process?

A true statement about using the five-step problem-solving process is that it: sometimes requires confronting difficult issues. An important result of learning to think effectively is that when students become health care workers they will: apply what they learn in school to situations encountered on the job.

What are the characteristics of students who are learning to think like health care workers?

Characteristics of students who are learning to think like health care workers include all of the following EXCEPT: expecting their instructors to supply answers to all their questions. Assessment is a term used in health care that means to: gather facts and information.

Can confidentiality be broken?

Patient confidentiality can be broken, if necessary, to report suspected abuse. Health care professionals can be held legally responsible for the actions of their employees, even if the employees have not followed the employer's instructions.

Characteristics of Confidential Information

Breaching Patient Confidentiality

  • Inadvertent breaches are potentially commonplace on wards if medical notes are left visible or patient consultations and preoperative assessments are conducted in an open environment. The increased use of computerized documentation results in faster and wider distribution of information with an increased risk of unauthorized access. Unintentional b...
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Making A Disclosure with The Patient's Consent

  • This is the most common reason for revealing confidential details. If the patient expressly consents to disclosure, a doctor is relieved from the duty of confidence. Consent may be explicit or implied. Explicit consent requires active agreement but may be written or oral. It is the preferred form as there is no doubt as to what has been agreed and is usually required for sharing more s…
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Statutory Disclosures and Judicial Proceedings

  • If information is required by law, this will not amount to a penalty for a breach. This area can be confusing. It is important for clinicians to be aware that the police do not have automatic powers to demand disclosure nor has a lawyer rights to demand medical information. A court order is required for this purpose. However, a judge can penalize a doctor for contempt of court for failur…
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Disclosures in The Public Interest

  • Public interest ranges from public health to prevention or detection of serious crime. This justification is more subjective and in contentious cases, the courts may be required to decide. There is a distinction between ‘in the public interest and what the public are interested in’. Consider a scenario where a patient admits to a crime while under the influence of your sedativ…
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Disclaimer

  • This article summarizes the main medico-legal issues involving patient confidentiality. The authors advise readers to seek formal legal advice if clarification is required.
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