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Copy of Ethical legal decision-making case study dilemma and the Advanced Practice Nurse

Presentation for MN506: Ethical and Legal Perspectives of the Health Care System
by

shelley dunn

on 25 January 2013

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Transcript of Copy of Ethical legal decision-making case study dilemma and the Advanced Practice Nurse

Law Ethical Principles Confidentiality Nursing Informatics & Confidentiality "Nursing informatics ensures the protection of patient data, which has three parts. These are protecting a patient’s privacy, confidentiality and security. It is a nurses’ professional responsibility to protect a patient’s privacy" (Dunn, 2013). The Law Law's & Confidentiality The Encyclopedia of Nursing & Allied Health (2002) defines confidentiality as “the right of a patient to have personal, identifiable medical information kept private and only available to the physician of record and other health care and insurance personnel as necessary” (para 1). Every state, including the federal government, has sanctioned laws to safeguard the confidentiality and privacy of health related information, paying close attention to information about patients with communicable diseases and mental health issues (para. 9). Resolution Ethics Conflict of Patient Confidentiality Ethical and legal dilemma's According to Schiavello (2008), clinical nursing informatics is changing the nursing profession at a rapid rate and one major issue among this genre of nursing in ethics relates to patient confidentiality. "According to HIPPA, penalties of both civil and criminal offenses can be brought about if the government ensues a lawsuit for breaching of health information. These penalties, if forced, could provide motivation for compliance among health care workers with the privacy rule set in place" (Dunn, 2013). Having standards, rules and policies in place to help protect the privacy of health information should be set forth in every health system and office in efforts to prevent the intentional and unintentional breech in privacy. The crucial element to preserving confidentiality is to make certain that only authorized persons have access to information and that it is on a need to know basis. Nursing informatics and clinical informatics departments enforce basic standards for passwords in efforts to prevent unauthorized viewing of patient information, including requirements of periodic passwords changes in order to access the electronic medical record. Legal Reasoning Constructs “Good legal reasoning requires clear understanding of the legal rules, a good appreciation of the particular situation, and both deductive and inductive logic skills. It is this mix of abstract and concrete thinking and of inductive and deductive logic that makes legal reasoning such a challenge for beginners “(Peterson, n.d.). Ethical reasoning constructs According to Elder and Paul (2011), the appropriate role of ethical reasoning is to emphasize acts of two kinds: 1.) Those that enhance the well being of others and that warrant our praise 2.) Those that harm or diminish the well being of others and that warrant our disapproval. “Developing one’s ethical reasoning abilities is crucial because there is in human nature a strong tendency toward egotism, prejudice, self-justification, and self-deception” (Elder & Paul, para. 3).
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