Legal issues and healthcare information; vulnerable populations Flashcards
What is Privacy?
Privacy is a right under common law and is the right to have access to yourself. It includes closing the curtains during an examination.
What is Confidentiality?
An ethical and legal obligation that invloves the protection of a patients personal information.
Why do we need to maintain confidentiality?
If nurses maintain confidentiality it increases the trust between nurses and patients. They are more likely to disclose further information that will allow for better care.
What are inadvertent breaches of confidentiality?
Occur through carelessness or thoughtlessness. Includes:
- Talking about a patients condition in the tea room
- Taking notes on a patient and accidentally losing them
- During handover and visitors may overhear information
What are exceptions to maintaining confidentiality?
Confidentiality can be overriden if innocent people may be placed in harm if the information is kept disclosed. The exceptions made to confidentiality include:
- When a subpoena is issued
- When a warrant is issued and demanded by the police officer
What is Mandatory Reporting?
Where health professionals are compelled by law to disclose confidential information so decisions can be made to protect those in the nurses care.
What are the circumstances when a nurse must disclose confidential information?
- Reportable deaths
- Diseases and medical conditions that threaten the public or place the public at risk
- Abuse and sexual abuse against children or the elderly
- Notifiable conduct of health professionals
What is the Mental Health Act, and what is its purpose?
The MHA is the legislation that provides a framework for the treatment of people with mental illnesses or disorders. Its purpose is to:
- protect the rights of people with these illnesses whilst ensuring they have access to appropriate care
What is the difference between a mentally ill and mentally disordered person?
Mental Illness: is continuing and more severe in nature. A person with a mental illness requires treatment to protect themselves and others against serious harm.
Mental Disorder: where a persons behaviour is irrational and usually temporary. They require treatment for the protection of themselves and others against serious physical harm
What is exclusion criteria?
Where a person cannot be deemed mentally ill or disordered based on their culture, religious beliefs, sexuality, past illegal conduct or because of a developmental disability
Difference between voluntary and involuntary patients?
Voluntary: where a person or their guardian chooses to admit themselves to a mental health facility. Voluntary patients can discharge themselves and prior to admission the doctor must believe the person will benefit from the treatment.
Involuntary: someone who is detained on the grounds that they are mentally ill or disordered as defined by the act. They require treatment for the safety of themselves and others.
What is a CTO?
A CTO is a community based alternative for the treatment of involuntary inpatients. It allows them to have treatment and support in a less restrictive setting.
What happens if a consumer refuses or fails to comply with a CTO?
1) they are given a verbal warning
2) they are given a written warning
3) they are given a written breach order and the patient is taken to a MHF to be assessed and treatment is given.
What is the role of a guardian?
To manage and make decisions that are in the best interests of another adult person who is incompetent to manage those decisions themselves.
