confidentiality

Confidentiality

By Margaret Thompson

MHA 690

Instructor Martha Jennings

December 19,2013

Confidentiality

What is confidentiality?

Understanding confidentiality

Limits of confidentiality

How confidentiality dilemmas be addressed

Consequences for violating confidentiality for the employee

Consequences placed on the organization for violating patient confidentiality

How it will affect the employee and the organizatioN

Why is confidentiality important?

"Assurance of confidentiality is important because it enables people to seek help without fear of such results as stigma, retaliation, disapproval, or damage to other relationships. Confidentiality encourages both full disclosure, which is essential for effective treatment, and the maintenance of trust, the means by which treatment is effected”

unknown. (n.d.). Confidentiality. Retrieved from Quick Training Aids: http://smhp.psych.ucla.edu/qf/confid_qt/

"Assurance of confidentiality is important because it enables people to seek help without fear of such results as stigma, retaliation, disapproval, or damage to other relationships. Confidentiality encourages both full disclosure, which is essential for effective treatment, and the maintenance of trust, the means by which treatment is effected." (p. 1).

References"Assurance of confidentiality is important because it enables people to seek help without fear of such results as stigma, retaliation, disapproval, or damage to other relationships. Confidentiality encourages both full disclosure, which is essential for effective treatment, and the maintenance of trust, the means by which treatment is effected." (p. 1).

References"Assurance of confidentiality is important because it enables people to seek help without fear of such results as stigma, retaliation, disapproval, or damage to other relationships. Confidentiality encourages both full disclosure, which is essential for effective treatment, and the maintenance of trust, the means by which treatment is effected." (p. 1).

References

http://www.ncrel.org/sdrs/areas/issues/envrnmnt/css/cs3refer.htm



Understanding Confidentiality

“Understanding confidentiality: Confidentiality is the obligation not to disclose willingly any information obtained in confidence. Therefore, information disclosed in response to a search warrant, a subpoena or a legal requirement for mandatory reporting is not a breach of confidentiality”


4 Basic Principles of Confidentiality

1. Respect for an individual’s right to privacy.

2. Respect for human relationships in which personal information is shared.

3. Appreciation of the importance of confidentiality to both individuals and society.

4. Expectations that those who pledge to safeguard confidential information will do so.


What are the limits of confidentiality?

There are times when professionals would prefer to maintain confidences but cannot do so legally or ethically. Examples include instances when clients indicate an intention to harm themselves or someone else and when they have been abused. As a result of legislation, litigation, and ethical deliberations, professional guidelines call on interveners to breach the confidence and tell appropriate public authorities when there is a "clear danger to the person or to others" (American Psychological Association, 1981, p.636).


How should confidentiality dilemmas be addressed ?

There are certain obligations that arise just by virtue of the fact that a you are a professional. ient.) It would be severely unprofessional for a nurse to disclose the physical condition of one of her clients to someone who is not directly involved in the client’s care.

Conversely, a nurse sometimes has a duty to share certain pieces of information regardless of the wishes of the client for the information to be kept confidential, and this duty arises just because she is a nurse

Conversely, a nurse sometimes has a duty to share certain pieces of information regardless of the wishes of the client for the information to be kept confidential. For example: a client is saving his pain medication and giving it to his nine-year-old niece because she likes the way it makes her feel. He tells the nurse, in full expectation of confidentiality.

Carisle, B. (n.d.). Moral dilemmas generated by a nurses profession. Retrieved from Mon Pays: http://www.bgcarlisle.com/montreal/2011/09/29/moral-dilemmas-generated-by-a-nurses-professional-obligations/

Consequences for violating confidentiality for the employee

Termination –breach of contract

Lawsuit damages- An employer can also sue an employee for breach of confidentiality, and if successful at trial, the employer can obtain monetary damages from the employee. For example, if the employee shares confidential information with a competitor, the employer may be able to prove loss of market share and revenue, which the employee would then have to pay as damages to the employer.

Criminal charges- In extreme circumstances, a breach of confidentiality can result in criminal charges against the employee. A breach of confidentiality may constitute theft of the employer's proprietary information or intellectual property. Theft is a crime punishable by fine or imprisonment.

Reputation- It can permanently tarnish your reputation. Future employers will not look on job applicants favorably if the applicant has breached the confidentiality of a previous employer

Impact of consequences on organization

Statutory and regulatory penalties for breaches may include: Civil Penalties: $50,000 per incident up to $1.5 million per incident for violations that are not corrected, per calendar year

Criminal Penalties: $50,000 to $250,000 in fines and up to 10 years in prison

What to do in case of a breach in confidentiality

Report any perceived leaks in patient confidentiality to :

Your Supervisor

Dave Smail Compliance Officer 1-888-642=9876

Conclusion

The Patients' Bill of Rights was designed to strengthen consumer confidence in the health-care system, to provide a sound foundation on which to build quality doctor-patient relationships, and to spell out patients' rights to receive good care and like most rights, it comes with certain obligations to take an active role in making the system run smoothly.

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