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Confidentiality. Dr . Ihab Nada DOE , MSKMC. Definition. The information a patient reveals to a health care provider is private and has limits on how and when it can be disclosed to a third party.
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Confidentiality Dr . Ihab Nada DOE , MSKMC
Definition • The information a patient reveals to a health care provider is private and has limits on how and when it can be disclosed to a third party. • The ethical principle or legal right that a healthcare provider will hold secret all information relating to a patient, unless the patient gives consent permitting disclosure
Why is Confidentiality Important? • Protects human rights • Creates trust between the clinician and the patient • Encourages full disclosure of information from the patient
Who has Authorized Access to Patient Information? • Healthcare personnel directly involved in a patient's care or treatment generally have access to the medical record. • Even if the patient has not expressly authorized disclosure of his or her medical record, such consent is implied from the patient's acceptance of treatment or hospitalization.
What is a Breach of Confidentiality? • A breach of confidentiality is a disclosure to a third party, without patient consent or court order, of private information • Disclosure can be oral or written, by telephone or fax, or electronically, for example, via e-mail or health information networks
Patient Consent to Release Confidential Information • The patient's express authorization is required before the medical records can be released to any third party
Who Can Consent to the Release? • The patient, if a competent adult • A legal guardian or parent if the patient is incompetent or a minor child;
Exceptions that are Ethically and Legally Justified • If there is a reasonable probability that a patient will inflict serious bodily harm on another person, for example, the physician should take precautions to protect the intended victim and notify law enforcement authorities. • If there is cause to believe that a child, elderly person or disabled person has been or may be abused or neglected, • Communicable diseases and gunshot and knife wounds
Breach in Confidentiality • Any breach in confidentiality—even one that seems minor—can result in mistrust and, possibly, a lawsuit and/or disciplinary action.
How to Keep Information Confidential DO NOT: • Discuss matters related to the people in their care outside the clinical setting • Discuss a case with colleagues in public where they may be overheard • Leave records unattended where they may be read by unauthorized persons. • Release information over the phone
How to Keep Information Confidential DO: • Keep all information out of public view • Cover all patient information • Restrict access to the nurse’s station • Keep all medical records secure • Sign off the computer when you are not using it • Keep telephone discussions private • Use a cover sheet and confidentiality note for all faxes
What if I think there is a risk or Breach of Confidentiality? • If a healthcare worker identifies a risk or breach of confidentiality they must raise their concerns with someone in authority (the immediate supervisor) • Try to correct the problem and record that it was corrected.