Law and Ethics, Patients Rights in Practice Essay

In particular, those aspects observed by the student relating to patients privacy, confidentiality and any situations which warranted a limitation to patient privacy will be described and discussed with reference to patients rights. Situations in the hospital setting where the student nurse viewed health professionals informing patients about treatment options, encouraging patients to take action in decisions about their health, and gaining informed, voluntary consent prior to procedures will be discussed. An explanation of reasons for selecting privacy and consent as two essential concepts which health providers must understand will be illustrated. The legal and ethical responsibility of health care providers in relation to the aforementioned fundamental principles of achieving patient privacy and gaining informed voluntary consent will be examined with a clear emphasis on patient’ rights. While on clinical placement, the student nurse observed health professionals maintaining patient privacy to a high standard by consistently shutting curtains around patient’s beds, lowering their voices when working with patients in rooms containing multiple beds, courteously requesting visitors to leave the room when procedures of a sensitive nature were preformed and closing patient’s doors to limit unwanted interference from hallways. In order to show patients respect, dignity and consideration, which are outlined as a fundamental patient right in the Queensland Health Public Patient’s Charter (2002), patients were consistently examined in areas that were as private as was possible at the time. This attempt by health care providers to maintain the physical privacy of all patients by consistently minimizing unwarranted outside attention is a clear demonstration of how health care providers maintained patient dignity, consideration and respect. According to the Ramsay Health Care/Cairns Private Hospital Patient Charter (nd. , patients have a right to be treated with courtesy throughout their hospital experience. The actions of the health care team correlate positively to this statement as through the maintenance of patient’s physical privacy, health care providers are demonstrating consideration for their patients and respecting their rights set forth in both the Queensland Health public patient charte r and the Ramsay health care charter. Throughout the clinical placement of the student nurse, the health care facility in question demonstrated exceptional adherence to national privacy principles 4. set forth in the Privacy Amendment Act (2000). Initiatives currently in place at Cairns Private Hospital ensure confidentiality of both patient’s medical records as well as patient’s personal details by limiting outside access to confidential information and preventing health care professionals from transmitting such information to the broader community. One such example observed by the student nurse involves the hospitals policy preventing nurses from leaving the hospital with materials used in nursing handovers that contain information regarding patient’s condition and personal details. The destruction of such material prevents the transmission of private information to the wider community and demonstrates the role of health care providers in maintaining patient privacy. According to the national privacy principle 4. 1 extracted from the Privacy Amendment (Private Sector) Act (2000, p. 9), â€Å"An organisation must take reasonable steps to protect the personal information it holds from misuse and loss and from unauthorised access, modification or disclosure. Therefore, by ensuring patients information is protected from unauthorised access and disclosure, Cairns Private Hospital is fulfilling the legal obligations set forth for private organizations in the Privacy Amendment Act (2000) principle 4. 1. Patient’s right to have their personal information kept private and confidential, as outlined in the Queensland Health Public Patient’s Charter (2002), was also exceptionally demonstrated by those nurses with whom the student nurse was in contact during c linical placement. Health care providers consistently maintained patient confidentiality by limiting discussion of patient’s condition to those situations where health care providers must share patient information to improve patient care. When the student nurse observed an exchange of information between health care providers pertaining to patient’s condition, it occurred in a manner such that other patients or visitors were unable to discern the content of discussion. This includes, but is not limited to, patient information related in nursing handovers. By treating patient’s personal information obtained in a professional capacity as confidential, nurses are adhering to the expected national standards for Australian nurses as stated in ANC Code of Professional Conduct for Nurses in Australia (nd. ). The importance of maintaining patient privacy is unquestionable. Patients belief that health care professionals will handle their personal information with respect, dignity and maintain their confidentiality not only illustrates the ethical and legal responsibilities of health care providers, but correlates positively with the formation of trust between patient and nurse. According to Stein-Parbury (2005 p. 42), â€Å"†¦ without trust, there is minimal self-disclosure and little chance that patients will share their experiences with nurses or that nurses will come to understand patients’ experiences. † Therefore, through the maintenance of patient privacy and confidentiality, the element of trust, which forms the basis of all nurse-patient relationships, is strengthened. Crisp and Taylor (2005), illustrated the importance of patient privacy and confidentiality as without these two essential components patients would not feel able to tell health care professionals their most intimate and private details. This potential hesitation to share personal information with health providers can have a negative impact on the provision of care and can ultimately lead to treatment that does not take into consideration essential aspects of patient’s health. The maintenance of patient’s privacy is essential in both building trust between nurse and patient and providing holistic nursing care. As stated previously, the maintenance of patient privacy has implications in both legal and ethical spheres and is paramount to the formation of the nurse-patient relationship. Student nurses must therefore gain an understanding of the importance of maintaining patient privacy to ensure that once qualified as a registered nurse, one will understand the reasons why legally and ethically we must adhere to the guidelines. In today’s health care setting, the emphasis of patient’s rights and understanding these rights is paramount if one wishes to practice safe appropriate care for all peoples. It is for these reasons that the central issue of patient privacy was selected for consideration. Although the importance of maintaining patient privacy is unquestionable, there are ertain situations that warrant the sharing of patient information. As observed by the student nurse, health care professionals continuously share patient information between themselves in attempts to allow allied health professionals to provide appropriate holistic patient care. In today’s hospitals, with shift work and the increasing specialization of various allied healt h workers, it is essential that patient information is shared to improve patients care and outcome. In order to achieve appropriate care for patient’s, this is a requirement and will not be considered as a breach of patient privacy. This team work approach to health care is viewed as of benefit to the patient and is absolutely essential is today’s health care facilities where health care professionals are increasingly working in more specialized fields. Throughout the entire clinical placement, the student nurse consistently observed health providers informing patients of their various treatment options, encouraging patients to take an active role in decisions about their health, and ultimately gaining informed voluntary consent prior to any procedure. As outlined in the Queensland Health Public Patients Charter (2002), and the Ramsay Health Care/Cairns Private Hospital Patient Charter (nd. ), patients have a right to easy to understand information about their condition, treatment options, risks, and expected outcomes. The health providers viewed by the student nurse exemplified exceptional adherence to the patients right to accurate information as nurses were observed directly informing patients wherever possible about their treatment options, risks, and choices available to them. Health care providers not only adhered to their legal obligation of providing treatment information to patients, but did so in a way that reflected nurses ability to use due care in support of their ethical responsibilities. According to the Ramsay Health Care/Cairns Private Hospital Patient Charter (nd. ), patients have a right to ask questions and seek clarification in regards to matters that concern them. The actions of the health care team exemplified good practice with reference to this patient right. Health care providers were willing at all times to respond to patients questions or concerns and faced each situation with enthusiasm and clear respect for patients right to ask questions and seek clarification. Patients right to take part in decisions about their health care as stated in the Queensland Public Health Charter ( 2002), was viewed by the student nurse to occur in conjunction with the aforementioned patient right to information about treatment. By providing patients with easy to understand information about their condition, it allowed patients to make informed choices regarding their treatment and overall health. Health professionals were observed to provide patients with the information they require such that patients could make their own decisions regarding their treatment options. By thoroughly providing patients with necessary information as well as encouraging patients to take an active role in decisions about their health, health providers were empowering patients and fostering patient’s autonomy. Autonomy, the freedom to decide and act (Stein-Parbury, 2005), can be enhanced when a patient is given information about their condition and encouraged to take an active role in making decisions about their health. Informing patients of various treatment options and encouraging patients to take an active role in decisions about their health are fundamental components of informed voluntary consent. Informed voluntary consent may be implied, written or verbally given. The student nurse observed various nurses obtaining implied consent from patients when performing routine procedures such as taking a blood pressure reading. The student also viewed health providers obtaining verbal consent from patients when preforming procedures such as showering and mobilizing patients. The health providers adhered to the legal requirements which state that consent must be voluntarily given and informed (Forrester & Griffiths, 2005). The actions of the health care team correlate positively to the statements set forth in both the Queensland Health Public Patients Charter (2002) and the ANMC Code of Ethics for Nurses in Australia (nd. ). The charter asserts that patients have the right to give their permission before they are treated. Whether consent was implied or verbal, the student nurse observed patients giving their permission prior to any procedure. According to Value Statement 2 in the Code of Nursing Ethics (nd. ), nurses must accept the rights of individuals to make informed choices in relation to their care. By ensuring that patients right to make informed choices in relation to their care and obtaining informed voluntary consent, health providers are meeting their legal and ethical obligations surrounding patients consent. It is essential that student nurses have an understanding of their moral and legal requirements surrounding patients consent. If a health provider performs a procedure without acquiring consent, there is a possibility that their actions legally may amount to assault or battery. According to Forrester and Griffiths (2005), battery involves the unlawful touching of a person without his or her consent. In charges of battery, there is no requirement that the patient sustains any injuries as a result of health professionals unlawful touching. Health providers must therefore have an understanding of the legal ramifications surrounding consent to ensure that they provide safe nursing care based on respecting patient’s legal rights. It is for this reason that the issue of patient’s consent was included for discussion in this paper. It is becoming increasingly important for health professionals to have an understanding of their legal and ethical responsibility for the maintenance of patient privacy and obtaining informed voluntary consent prior to preforming any procedure with patients. With the emphasis on patiens rights becoming more prevalent in the health care setting, it is essential that health care workers respect patient’s rights which include, but are not limited to, maintaining patient privacy and obtaining informed voluntary consent. The health providers present at the health care facility attended by the student nurse were observed to demonstrate good practice with respect to patients’ rights as set forth in the Queensland Health Public Patients Charter (2002).