lOMoAR cPSD| 47061011
We Can, but Dare We?
As future healthcare professionals there are many different things that we need to be
mindful of, patient privacy is one of the biggest ones. Our patients are coming to us in their most
vulnerable times. They are trusting us, sometimes with their lives. But they also trust us to keep
their most private information private. Patient privacy and confidentiality is covered under
HIPAA. Patient privacy and confidentiality is also a part of nonmaleficence and autonomy. All of
these things are part of our most basic ethical focus. We should never intentionally do something
to harm our patients, this includes breaches of privacy.
HIPAA, Legal, & Regulatory Discussion
The most basic issue of this entire scenario is that a breach of privacy, breaches of
privacy like this one violate something called HIPAA. HIPAA stands for the Health Insurance
Portability and Accountability Act of 1996. HIPAA also “safeguards the access of working
Americans and their families to health insurance and protects the right of patients to privacy with
regard to information related to their healthcare” (Woten para. 1, 2018). Breaches in this act can
result in termination of employment, fines and potential jail time. Breaches of patient privacy is
punishable by law and in a instance like this scenario, if it was discovered who took and sent the
photos, more than likely this type of case would be legal recourse. Not only did the nurse take
photos of a patients’ personal information, regardless of celebrity, but she also took photos of the
patient in an unconscious state and in potentially compromising positions. The patient was
unable to give consent, although even with consent this is still very inappropriate behavior on the
part of the nurse. When a patient is unable to give consent it brings autonomy into mind.
Autonomy allows patients to make decisions about themselves and care. “Autonomy is also the
principle underlying confidentiality: One expression of autonomy is the ability to maintain
privacy in one’s life. People have the right to decide who can have access to information about
them, thus limiting the negative use of personal information by others. (Edelman & Kudzma
, lOMoAR cPSD| 47061011
WE CAN, BUT DARE WE? 2
p.121, 2017). Before you perform any aspect of care on a patient you always explain what you
are doing and obtain verbal consent, so why would you not do the same in regards to a photo?
You should never do something without your patients consent, and if you ever have a second
thought about something or feel maybe this is a breach of their privacy, then you probably should
not be doing it.
Advantage vs Disadvantages and Ethical Implications
Technology can be a great thing, but it can also cause problems. In nursing we use
technology everyday. We use it to chart on our patients, to administer medications, to
communicate notes to the next shift. But with all the advances in technology, there comes
drawbacks. With all patient information being electronic, this opens up opportunities for people
to gain access to these records without patient consent. “The need to maintain confidentiality
presents a major obstacle to the healthcare industry’s widespread adoption of such technology;
thus social networking has not yet been fully embraced by many health professionals”
(McGonigle & Mastrian p.80, 2018). While technology may make our jobs easier, it also opens
the potential for hacking and violation of privacy. With this violation enters the ethical
implications. One of these implications is confidentiality and nonmaleficence. Nonmaleficence
means to do no harm, and violating patient privacy is doing a lot of harm. “Patient confidentiality
is defined as the right of a patient to expect that information about his or her physical or mental
health is available only to healthcare professionals who are directly involved in providing the
patient’s care.” (Engelke & Smith para. 1, 2018).Those who are most closely related to patient
care should ensure that no one else has the opportunity to access patient information who is not
supposed to be able to, this is a reason why patients create a password so if someone calls to find
out information about the patient they are required to give this password and without it, they can
We Can, but Dare We?
As future healthcare professionals there are many different things that we need to be
mindful of, patient privacy is one of the biggest ones. Our patients are coming to us in their most
vulnerable times. They are trusting us, sometimes with their lives. But they also trust us to keep
their most private information private. Patient privacy and confidentiality is covered under
HIPAA. Patient privacy and confidentiality is also a part of nonmaleficence and autonomy. All of
these things are part of our most basic ethical focus. We should never intentionally do something
to harm our patients, this includes breaches of privacy.
HIPAA, Legal, & Regulatory Discussion
The most basic issue of this entire scenario is that a breach of privacy, breaches of
privacy like this one violate something called HIPAA. HIPAA stands for the Health Insurance
Portability and Accountability Act of 1996. HIPAA also “safeguards the access of working
Americans and their families to health insurance and protects the right of patients to privacy with
regard to information related to their healthcare” (Woten para. 1, 2018). Breaches in this act can
result in termination of employment, fines and potential jail time. Breaches of patient privacy is
punishable by law and in a instance like this scenario, if it was discovered who took and sent the
photos, more than likely this type of case would be legal recourse. Not only did the nurse take
photos of a patients’ personal information, regardless of celebrity, but she also took photos of the
patient in an unconscious state and in potentially compromising positions. The patient was
unable to give consent, although even with consent this is still very inappropriate behavior on the
part of the nurse. When a patient is unable to give consent it brings autonomy into mind.
Autonomy allows patients to make decisions about themselves and care. “Autonomy is also the
principle underlying confidentiality: One expression of autonomy is the ability to maintain
privacy in one’s life. People have the right to decide who can have access to information about
them, thus limiting the negative use of personal information by others. (Edelman & Kudzma
, lOMoAR cPSD| 47061011
WE CAN, BUT DARE WE? 2
p.121, 2017). Before you perform any aspect of care on a patient you always explain what you
are doing and obtain verbal consent, so why would you not do the same in regards to a photo?
You should never do something without your patients consent, and if you ever have a second
thought about something or feel maybe this is a breach of their privacy, then you probably should
not be doing it.
Advantage vs Disadvantages and Ethical Implications
Technology can be a great thing, but it can also cause problems. In nursing we use
technology everyday. We use it to chart on our patients, to administer medications, to
communicate notes to the next shift. But with all the advances in technology, there comes
drawbacks. With all patient information being electronic, this opens up opportunities for people
to gain access to these records without patient consent. “The need to maintain confidentiality
presents a major obstacle to the healthcare industry’s widespread adoption of such technology;
thus social networking has not yet been fully embraced by many health professionals”
(McGonigle & Mastrian p.80, 2018). While technology may make our jobs easier, it also opens
the potential for hacking and violation of privacy. With this violation enters the ethical
implications. One of these implications is confidentiality and nonmaleficence. Nonmaleficence
means to do no harm, and violating patient privacy is doing a lot of harm. “Patient confidentiality
is defined as the right of a patient to expect that information about his or her physical or mental
health is available only to healthcare professionals who are directly involved in providing the
patient’s care.” (Engelke & Smith para. 1, 2018).Those who are most closely related to patient
care should ensure that no one else has the opportunity to access patient information who is not
supposed to be able to, this is a reason why patients create a password so if someone calls to find
out information about the patient they are required to give this password and without it, they can
