Dr. Ihab Nada DOE, MSKMC
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
Protects human rights Creates trust between the clinician and the patient Encourages full disclosure of information from the patient
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.
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 or health information networks
The patient's express authorization is required before the medical records can be released to any third party
The patient, if a competent adult A legal guardian or parent if the patient is incompetent or a minor child;
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
Any breach in confidentiality— even one that seems minor—can result in mistrust and, possibly, a lawsuit and/or disciplinary action.
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
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
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.