Ethico-Legal

• Patients' rights


  Moral power incumbent upon the dignity of the patient as a human person which is enjoined by both natural law and positive law requiring that what is due must be rendered to the patient as justice demands
• Rise of the movement for clients' rights

  1960
• The American Hospital Association (AHA) published "A Patient's Bill of Rights" to promote the rights of hospitalized clients. These were revised in 1992.

  1973

  
• The Patient's Bill of Rights


  • The patient has the right to considerate and respectful care
  • The patient has the right to obtain from physicians and other direct caregivers relevant, current, and understandable information concerning diagnosis, treatment, and prognosis
  • The patient has the right to make decisions about the plan of care prior to and during the course of treatment and to refuse a recommended treatment or plan of care
  • The patient has the right to have an advance directive concerning treatment or designating a surrogate decision maker
  • The patient has the right to every consideration of privacy
  • The patient has the right to expect that all communications and records pertaining to his/her care will be treated as confidential
  • The patient has the right to review the records pertaining to his/her medical care
  • The patient has the right to expect that the hospital will make reasonable response to the request of a patient for appropriate and medically indicated care and services
  • The patient has the right to ask and to be informed of the existence of business relationships among the hospital, educational institutions, other health care providers, or payers
  • The patient has the right to consent to or decline to participate in proposed research studies or human experimentation
  • The patient has the right to expect reasonable continuity of care when appropriate
  • The patient has the right to be informed of hospital policies and practices that relate to patient care, treatment, and responsibilities

  
• Magna Carta of Patient's Rights by Senator Juan M. Flavier


  • Right to Appropriate Medical Care and Humane Treatment
  • Right to Informed Consent
  • Right to Privacy and Confidentiality
  • Right to Information
  • Right to Choose Health Care Provider and Facility
  • Right to Self-Determination
  • Right to Religious Belief
  • Right To Medical Records
  • Right to Leave
  • Right to Refuse Participation in Medical Research
  • Right to Correspondence and to Retrieve Visitors
  • Right to Express Grievances
  • Right to be Informed of His Rights and Obligations as a Patient
• Obligations of Patients


  • Know Rights
  • Provides Accurate and Complete Information
  • Report Unexpected Health Changes
  • Understand the Purpose and Cost of Treatment
  • Accept Consequences of Own Informed Consent
  • Settle Financial Obligations
  • Relation to Others
  • Exhaust Grievances Mechanisms
• Informed consent


  An agreement by a client to accept a course of treatment or a procedure after being provided complete information, including the benefits and risks of treatment, alternatives to the treatment, and prognosis if not treated by a health care provider
• Types of consent


  • Express consent (oral or written agreement)
  • Implied consent (nonverbal behavior indicates agreement)
• General guidelines for informed consent

  • The diagnosis or condition that require treatment
  • The purposes of the treatment
  • What the client can expect to feel or experience
  • The intended benefits of the treatment
  • Possible risks or negative outcomes of the treatment
  • Advantages and disadvantages of possible alternatives to the treatment (including no treatment)
• Elements of informed consent

  • The consent must be given voluntarily
  • The consent must be given by a client or individual with the capacity and competence to understand
  • The client or individual must be given enough information to be the ultimate decision maker
• Exceptions to informed consent

  • Minors
  • A person who are unconscious or injured in such a way that they are unable to give consent
  • Mentally ill persons who have been judge by professionals to be incompetent
• Nurse's role in informed consent


  The nurse is not responsible for explaining the procedure but for witnessing the client's signature on the form. The nurse's signature confirms the client gave consent voluntarily, the signature is authentic, and the client appears competent to give consent.
• RA 10173 - Data Privacy Act of 2012


  To protect the fundamental human right to privacy of communication and ensure free flow of information to promote innovation and growth. Ensures that personal information in information and communications systems in government and in the private sector are secured and protected.
• What is RA 10173?


  RA 10173, or the Data Privacy Act, protects individuals from unauthorized processing of personal information that is private and identifiable.
• What does RA 10173 entail?

  • All personal information must be collected for reasons that are specified, legitimate, and reasonable
  • Personal information must be handled properly
  • Personal information must be discarded in a way that does not make it visible and accessible to unauthorized third parties
• Personal data


  All types of personal information
• Processing


  An operation/s performed upon personal data, including collection, recording, organizing, storage, updating, modification, retrieval, consultation, use, consolidation, blocking, erasure, or destruction of data
• Unauthorized processing, negligent handling, or improper disposal of personal information is punishable with up to six (6) years in prison or up to five million pesos (PHP 5,000,000) depending on the nature and degree of the violation.
• The National Privacy Commission shall ensure at all times the confidentiality of any personal information that comes to its knowledge and possession.
• Processing


  Operations performed upon personal data, including collection, recording, organizing, storage, updating, modification, retrieval, consultation, use, consolidation, blocking, erasure, or destruction
• Unauthorized processing, negligent handling, or improper disposal of personal information is punishable with up to six (6) years in prison or up to five million pesos (PHP 5,000,000) depending on the nature and degree of the violation
• National Privacy Commission


  • Ensures confidentiality of any personal information that comes to its knowledge and possession
• Confidentiality


  Information a subject relates will not be made public or available to others
• PRIVACY is the right of patients to keep personal information from being disclosed
• CONFIDENTIALITY protects private patient information once it is disclosed in the health care settings
• Hippocratic Oath: '"Whatever I see or hear, whether professionally or privately which ought not to be divulged I will keep secret and tell no one."'
• Confidentiality (in healthcare)


  A health worker may not disclose information to others about a client without first gaining the client's consent, and such information may only be used in connection with care planning or treatment
• Nurses are obligated to respect clients' privacy and confidentiality
• Computerized information management in acute care settings makes client data accessible to more people
• It is important to maintain the client's confidentiality and never share unnecessary information about them to colleagues or anyone else
• If you need to present a case history about a client, always change any identifying features and get permission first
• HIPAA


  Federal law that required the creation of national standards to protect sensitive patient health information from being disclosed without the patient's consent or knowledge
• HIPAA includes four specific areas

  • Electronic transfer of information among organizations
  • Standardized numbers for identifying providers, employers, and health plans
  • Security rule
  • Privacy rule
• Inappropriate use of social media leads to loss of jobs, discipline from board of nursing
• Standards of professionalism the same online as in any other circumstance
• Do not take photos, videos of clients on personal devices
• Maintain professional boundaries
• Do not transmit individually identifiable client information
• Violation of HIPAA regulation by health care providers or agencies can result in heavy fines for this breach of trust
• Values


  Freely chosen, enduring beliefs or attitudes about the worth of a person, object, idea, or action