Nurse Jennifer's action and negligence raise severe questions on patient privacy laws. Nurses and other medical practitioners have an obligation towards their patients on matters of confidentiality and privacy. Typically, the duties of Jennifer as a nurse remain bound by the medical ethical disciplines, which prioritizes the privacy of the patient. Furthermore, the nurse violated the principle of non-maleficence since her actions and inactions resulted in the violation of the patient's privacy. The nurse assumed that the next nurse on duty would correct her erroneous entry in the patient's record. Additionally, taking the picture violated the patient's privacy, and this action is surmountable legal action and dismissal.
The hospital has a legal obligation to care for their patients while protecting their privacy. The term "hospital" goes beyond the structure that serves as the hospice to include the administration and management. HIPAA directs that nurses have an obligation to their patients to protect their privacy (Cohen & Mello, 2018). Additionally, the body also notes that the existence of technology is not an excuse for violation of privacy protocols. Therefore, this body holds the nurse and hospital administration accountable for the accusation leveled by the celebrity and his management. Additionally, the existence of the HIPAA laws was meant to protect patients from the same violations the superstar faced.
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Who owns medical records?
The issues of ownership of medical records remains a contentious legal matter. Finch (1994) notes that the property of medical records is a complicated matter. Nonetheless, the scholar notes that any document made about the subject belongs to the said subject. Additionally, the scholar introduces the issue of whether records worked on by a multidisciplinary team or used for consultation belong to the patient? Nonetheless, the problem has different states in the United States of America working having various legal references on the matter. New Hampshire, for instance, has state laws that award the whole patient ownership of the medical record.
Recording of inaccurate hospital records?
The documentation of erroneous information on patient records is negligence in nursing. Catalano (2019) indicates that errors remain a common occurrence among nurses. Nonetheless, the scholar maintains the need for the installation of systems that allows for minimal recoding of mistakes. Nurse Jennifer exemplified negligence in the execution of a duty that has far-reaching implications for the health of the patient. Collectively, this responsibility also falls within the mandate of the hospital in creating better protocols and practices that prevent the recording of errors.
Who is responsible for hospital records?
The responsibility of a patient's records falls within the charge of the hospital. Typically, the files are useful to the hospital in future patient's visit, therefore remaining in the custody of the hospital. Nevertheless, it is imperative to state that maintaining patient privacy and confidentiality remains an ethical obligation that the hospital should uphold(Noroozi, et al., 2018) Therefore, the hospital stays liable for the instances where the patient's records were wrongfully accessed and leaked. Additionally, they are also culpable for the damages costs arising from the documentation and release of wrong information on the patient. Nonetheless, Nurse Jennifer is guilty of the violation of the non-maleficence principle, privacy, and confidentiality regulations. Additionally, abetting the nurses who accessed the patient's files without the authority of the hospital's management and the patient's consent should equally be punished.
References
Catalano, J. T. (2019). Nursing Now: Today's Issues, Tomorrows Trends . FA Davis.
Cohen, I. G., & Mello, M. M. (2018). HIPAA and protecting health information in the 21st century. Jama , 320 (3), 231-232.
Finch, J. (1994). Medical records: ownership and preservation. In Speller’s Law Relating to Hospitals (pp. 382-389). Springer, Boston, MA.
Noroozi, M., Zahedi, L., Bathaei, F. S., &Salari, P. (2018). Challenges of Confidentiality in Clinical Settings: Compilation of an Ethical Guideline. Iranian journal of public health , 47 (6), 875–883.
