Transferable Skills Self Reflection

Module 04 Project – Ethical Considerations

Krista Kim

Rasmussen College

Author Note

This paper is being submitted on January 28th, 2018, for Kim Sanders’s H490/HSA4922 Section 01 Healthcare Management Capstone - Online Plus - 2018 Winter Quarter

Was the nursing manager legally compliant with to protect patient information? Explain the legal risks and support with federal legislations and professional expectations, such as HIPAA and professional codes of ethics

It is essential for medical practitioners to protect the patient information despite their age or religion. The nurse manager verbally warned the nurses and staff involved in the case verbally. I think that the nurse manager legally complied with protecting patient information. However, I think that the burse could have applied a different approach to the nurses. The nurse posted the issue on her social media page using a clinic-owned computer which is a breach of confidentiality. There are certain consequences of the breach of patient confidentiality which include mistrust, lawsuit and disciplinary action. Information of patients should not be publicized and if such happens, legal action should be considered. It is also noted that the staff productivity is affected by the use of personal cell phones and clinical equipment is often used for social media. The same case applies to the nurse who posted a comment about the patient on her social media page using a clinical-owned computer. Therefore, the nurse manager could not only give the nurses and the staff verbal warning but could also take more actions on them so as to reduce and eradicate such cases from happening again.

Legally, nurses are bound to protect patient health information. This is also demonstrated by the HIPAA law which protects and keeps confidential personal information of patients. In addition, they also set limits and conditions on the use of patient’s information and disclosure without patient authorization. Health practitioners who breach confidentiality risk for lawsuit damages and criminal charges. As stated by HIPAA law, when a law stated by the HIPAA is violated, a fine of $100 to $1.5 million is applied. In addition to that, the health practitioner risk for sanctions or loss of license (Scott, 2000). It is a HIPAA violation for nurses to gossip about patients to friends and workers and hence it can cost a practice a significant fine. Therefore, it is advisable for employees to avoid sharing any patient information with anyone. In addition to that, it is a violation to post any patient’s information on social media. This is a breach of patient’s privacy and may lead to legal consequences such as fine (Scott, 2000).

What bearing does the age and religious requests have on the patient's case? Are there medical and ethical laws that supersede the parent's requests? 

Patient being 13 years old, the parents made it clear to the staff that they are not willing to give consent to any procedure involving blood products or transfusion. However, when the patient gains consciousness, the patient tells the nurse that any care should apply to her since she is afraid of dying. Patients should be treated with respect and understanding. It is an ethical dilemma when patients reject blood transfusion even unto death whereas it is the duty of the medical practitioner to provide optimal treatment. As much as parents in certain religions prevent their children from having a blood transfusion, children have a right to decide on what should be done in critical conditions in most cases in emergency situations (Carroll, 2018). 

It is believed that any decision taken by parents or guardians is targeted in safeguarding the best interest of the child’s welfare. However, it’s a health practitioner’s legal and ethical obligation rests with the child patient and not the wishes of the parents. Children under the age of 16 years can legally give consent on the issues that they understand (Carroll, 2018). 

What is the role and importance of communication among UCCO facilities, particularly in reference to compliance and ethical standards? 

Communication is the building block of successful organizations. It is important to note that communication promotes motivation, it is a source of information, it helps in socializing, it helps in altering individuals’ attitudes, it helps in controlling processes, and creating a workforce that is able to communicate effectively. Communication will help health practitioners in ensuring that they adhere to the set standards. The nurses can be able to communicate on what is needed from them and hence act as what is stipulated (Tompkins, 2015). 

What are the ethical and professional factors of using social media? 

Social media has a negative effect on many health organizations since some health practitioners may breach confidentiality. Health organizations use of social media may affect the security of patient information, and patient consent among others. Therefore, many healthcare professionals have come up with guidelines for use of social media. The guidelines may include. Disciplinary actions for the inappropriate use of social media, policies on the use of organizational email addresses and graphics, and employee access to the internet and/or to social networking site among others (Chretien, & Kind, 2013). In most cases, healthcare organizations have policies that forbid the use of work email addresses on social media and separating personal and professional activities. Healthcare organizations also sign HIPAA authorization before any information on patients is posted on social media. The American Medical Association (AMA) provided guidelines for the ethical use of social media by health practitioners in 2010 (Chretien, & Kind, 2013). They include maintaining patient confidentiality and provision of accurate and truthful information. It also provided privacy settings that may fail to provide complete protection and anything that the practitioner's post may be permanently on the social media.

Were the reactions to the patient's case illegal, or just unethical? How does this align with UCCO's mission, values, and strategic action plans? How does it compare to your own personal beliefs and values?

It was not ethical for reactions of the staff and nurse to the patient’s case. It is not illegal to share patient’s information with the fellow staff in some circumstances however the way things were done was unethical. Their mission is to provide quality healthcare to patients, it was important for the nurse to do their work without exposing the issue to the public since it proves that there is no confidentiality. Such cases have resulted in a decreased quality of patient care. I believe that it is the responsibility of the top management to ensure that employees adhere to the set rules and policies and work towards achieving the goals and objectives of the company. Therefore, the management of the organization such as the nursing manager should ensure that they work towards what is set. For example, the nursing manager could use other measures other than verbal warning so as to eradicate such issues from happening.

References

Carroll, A. (2018). Business & society : ethics, sustainability, and stakeholder management. Boston, MA: Cengage Learning.

Chretien, K. C., & Kind, T. (2013). Social Media and Clinical Care. Circulation, 127(13), 1413-1421.

Koenig, H. G., King, D., & Carson, V. B. (2012). Handbook of religion and health. Oup Usa.

Scott, C. (2000). Is Too Much Privacy Bad for Your Health--An Introduction to the Law, Ethics, and HIPAA Rule on Medical Privacy. Ga. St. UL Rev., 17, 481.

Tompkins, P. (2015). Practicing communication ethics : development, discernment, and decision-making. London New York: Routledge.