The Issue of Confidentiality of Medical Records - Research Paper Example

Confidentiality of Patients Medical Records Confidentiality of patients medical records The issue of confidentiality of medical records has generated much attention over the recent past. Maintaining the confidentiality off patients medical information is both a legal and ethical issue. In an ethical perspective, it is considered human to consider the feelings or sentiments of other people especially in the decision making process. In legal perspective, anybody found guilty of irregularly making public patients medical information is liable in a court of law. This paper focuses on confidentiality of medical information as a topic related to medical ethics or legal aspects of healthcare. Ethical perspectives and role of nurses in maintaining confidentiality In essence, nurses are considered the primary care givers. Therefore, there are actively involved in the treatment process of patients. It is important to elucidate the fact that the ever changing dynamics of the healthcare profession as well as the expanding roles of nurses in the delivery of care are some of the factors that contribute to the many challenges of maintaining confidentiality. In definition, confidentiality in healthcare denotes the fact that all information given to any medical practitioner by the patient regarding his or her health ought to be treated with utmost discretion (Dolan and Barrister, 2004). Despite the fact that nurses are allowed to only diverge a patients medical information to third parties only with the consent of the patient, there are cases where the law demands release of such information without the his or her consent. Take for instance a patient refusing to take medicine and his or her medical condition poses a risk to the health of other individuals. In such a case, a medical fractioned is justified to release the patients medical information to the police and other relevant authorities. Information can also be released to third parties if medical practitioners are required or ordered by a court of law to do so (Dolan and Barrister, 2004). Nurses and other care providers such as physicians are obligated by their professional codes of ethics to maintain confidentiality in regard to any information pertaining to their patients. Legal perspective of Confidentiality In order to effectively comprehend legal approaches to confidentiality, it is of significance to posit that the kind of care provided to a patient is dependent on the relationship he or she has with the medical practitioner. Patients divulge all their private information to their healthcare providers with an assumption that the information will not fall into the wrong hands. In a legal perspective, it is the responsibility of medical professionals to maintain confidentiality of their clients information once trust has been developed. It is also a legal right for all individuals to receive high quality medical treatment. Adjoined to this is the constitutional rights of privacy embodied in the constitution (OBrien and Chantler, 2003 ). Benefits of maintaining confidentiality Building a good relationship with the patient and assuring him or her that any medical information divulged will be treated confidentially is a show of respect and dignity to the patient. There are many reasons that necessitate patients medical information to be treated with discretion. For instance, disclosing the HIV status of a patient may sometimes lead to discrimination and stigma. The society has since time immemorial associated with HIV/AIDS with immorality. This notion has been misinformed since this disease can be caused by a range of factors such as the use of contaminated needles and sharing other prickling objects. Some people may even lose their jobs as a result of breach of confidentiality if their employers get access to their medical information (Sankar et-al, 2003). Confidentiality of medical information also boosts or elevates communication between patient and medical provider or professional. In so doing, the patient gives all the necessary information needed for effective treatment and care without fear, shame and mortification. According to Nass, Levit and Gostin (2009), "By giving us the ability to control who knows what about us and who has access to us, privacy allows us to alter our behavior with different people so that we can maintain and control our various social relationships" (A4). How medical information can be safeguarded A lot of data in health institutions is stored in electronic form. The use of technology has made it easier for nurses and other medical practitioners to access patients data or information and this has elevated the risk of breach of confidentiality. Therefore, it is important for healthcare management to control the number of individuals accessing sensitive medical information. According to Krishna, Kelleher and Stahlberg (2007), "Literature in the statistical disclosure control domain generally divides this task into limitation of access and statistical approaches" (A4). Limiting access means removing vital or sensitive information from view whereas statistical advances denotes digital alteration of information in a bid to obliterate exclusive features of private medical data. To decrease the risk of breach of confidentiality, it would be necessary for data managers in healthcare institutions to physically remove or delete any information considered private and confidential in a bid to prevent it from falling into the wrong hands. Another technique that can be used to safeguard data include encryption. Encrypted data is irrelevant if it is accessed illegally. On the other hand, computerized medical information categorized under sensitive data ought to be safeguarded using a password. Subsequently, the password is given only to responsible individuals who might be in need of accessing the information (Krishna, Kelleher and Stahlberg, 2007). Other than being electronic, sensitive medical information can also be in physical of printed form. In such a case, files and folders containing patients private information should be protected or locked under a padlock. Other risks involved with breach of confidentiality Other than medical information, health records may also contain contact information such as address, identification card number, social security number, and financial or bank account details. There have been many cases of fraud over the recent past where people steal other peoples information and commit fraud. In addition, identity theft has also become an issue of concern over the recent past. It is also important to posit that if a patients bank information or detail falls into the wrong hands, then his or her money can be accessed illegally (Harris, 2007). Recommendations As mentioned earlier, confidentiality is a one of the factors that determines the quality of care in healthcare institutions. However, many healthcare providers find themselves breaching the same information they have vowed to protect in reference to their code of ethics. There is therefore the need to readdress the responsibilities of nurses as well as other healthcare providers pertaining to confidentiality of medical records. For instance, there is the need for a standard procedure or guiding principle that explains or elucidates liabilities associated with confidentiality. Strategies also ought to implemented in all healthcare institutions to ensure regular training of all personnel accessing patients information in a bid to educate them on the importance of confidentiality. All personnel accessing patients information in all medical institutions should also sign agreements that bonds them in terms of maintaining confidentiality. There should also be the introduction and subsequent implementation of plans of actions aimed at controlling access to patients and also controlling release of information to third parties (Benitez, 2003). Conclusion Confidentiality of patients medical information is important for a number of reasons. Patients are able to release or divulge all necessary information required by medical personnel in order to give high quality care without fear or shame. This is attributed to the awareness and trust build between patients and healthcare providers in relation to confidentiality. It is also a moral and legal obligation of medical practitioners to ensure that patients information is treated with utmost confidentiality. Constitutionally, all individuals have the right to privacy hence their personal information ought to be treated with confidentiality. Personal information such as bank details and identification card number of a patient can be used by third parties to access the patients money without their consent. There are ways that patients medical information can be safeguarded. For instance, electronic information can either be encrypted or be protected using a password. Some of the sensitive information that can be accessed by unauthorized individuals can also be deleted to avoid breach of confidentiality. There are also plans of action or strategies that can be implemented by health institutions to help prevent breach of confidentiality. These strategies may include ensuring regular training of personnel, ensure all computer users sign agreements binding them in terms of maintenance of confidentiality, and also establishing procedures that explaining liabilities associated with confidentiality. References Benitez, B. R. (2003). Preserving the Confidentiality of Patient Records: California Association of Marriage and Marriage Therapists. Retrieved from http://www.camft.org/AM/Template.cfm?Section=Archived_Articles&ContentID=10 416&template=/CM/ContentDisplay.cfm Dolan, B., & Barrister, C. P. (2004). Medical records: Disclosing confidential clinical information: The Psychiatric Bulletin, 28, 53-56. Harris, D. M. (2007). Contemporary Issues in Healthcare Laws and Ethics, 3rd Edition. Chicago, IL: Health Administration. Krishna, R., Kelleher, K., & Stahlberg, E. (2007). Patient Confidentiality in the Research Use of Clinical Medical Databases: American Journal of Public Health, 97(4), 654-658. Nass, S. J., Levit, L. A., Gostin, L. O. (2009). Beyond the HIPAA Privacy Rule: Enhancing Privacy, Improving Health Through Research. Retrieved from http://www.ncbi.nlm.nih.gov/books/NBK9579/ OBrien, J., & Chantler, C. (2003). Symposium on Consent and Confidentiality: Confidentiality and the duties of care. Journal of Medical Ethics, 29, 36-40. Sankar, P., Mora, S., Merz, J. F., Jones, N. L. (2003). Patient Perspective of Medical Confidentiality: Journal of General Internal Medicine, 18(8), 659-669. Read More