This essay will explore why consent and confidentiallity is important in midwifery practice. It will look into why it is needed and what can happen if these aspects are breeched in anyway. The National Health service was founded in 1948, this brought free healthcare to everyone. In 1902 the Midwives act becomes a law and midwifery became an established profession, fast forward to 2004 the midwives rules and standards are published and then amended in 2012 and in 2008 the code of conduct was brought into practice. These publications are legal documents in which all nurse and midwives must abide by. In these documents there are clear rules that surround both consent and confidentiality (NHS Choices 2014)
According to the Oxford Dictionary consent is defined as ‘giving permission for something to happen or agreeing to do something’. They define confidentiality as ‘entrusted with private information and if something is intended to be kept secret or in confidence’ (Soanes and Hawker, 2005). As a healthcare professional consent and confidentiality are in place as protective vices, by gaining consent and keeping a patients confidentiality it protects both the patient and the healthcare professional. There are three types of consent: Verbal consent, consent in writing and implied consent. Depending on the situation each type of consent may not be acceptable. For example if a procedure is putting a patient at risk, is complex or invasive for example an operation, written consent is
The process of consent should apply not only to surgical procedures but all clinical procedures and examinations which involve any form of touching. This must not mean more forms: it means more communication. As part of the process of obtaining consent, except when they have indicated otherwise, patients should be given sufficient information about what is to take place, the risks, uncertainties, and possible negative consequences of the proposed treatment, about any alternatives and about the likely outcome, to enable them to make a choice about how to proceed.”5
Informed consent is the basis for all legal and moral aspects of a patient’s autonomy. Implied consent is when you and your physician interact in which the consent is assumed, such as in a physical exam by your doctor. Written consent is a more extensive form in which it mostly applies when there is testing or experiments involved over a period of time. The long process is making sure the patient properly understands the risk and benefits that could possible happen during and after the treatment. As a physician, he must respect the patient’s autonomy. For a patient to be an autonomous agent, he must have legitimate moral values. The patient has all the rights to his medical health and conditions that arise. When considering informed
Consent and authorization are treated differently when it comes to the privacy rule. Consent gives doctors who directly care for the patient permission to use and disclose protected health information (PHI), for the purposes of treating the patient. Authorization on the other hand, is more specific to the procedure or treatment being performed at the time and has an expiration date. An authorization is needed to disclose PHI to employers for employment decisions or to insurance companies to determine eligibility for life insurance. So, giving consent for treatment does not give a health care entity permission to disclose PHI to unauthorized third parties.
I intend to look at why confidentiality is so important within healthcare and how it relates to the Nursing and Midwifery Council’s (NMC) Code. I will look at the
Dimond (2009) and NHS choices (2016) explained consent as the process involving a person giving their approval to accept or refuse a treatment or interventions, after receiving detailed information from a health care professional about the risk or benefits of the procedure. In order for consent to be deemed valid, it needs to be given voluntarily without any influence or pressure from either a family member or clinician. In addition, the capacity of the person is important when giving consent and the ability to process the given information and make a decision. Tingle &Cribb (2014) agree, emphasizing that the autonomy of the person giving
This report will evaluate the roles and responsibilities of a midwife. “Midwifery encompasses care of women during pregnancy, labour, and the postpartum period, as well as care of the new-born.”(WHO, 2015) This is a recent definition and clearly points out that a midwife has many roles and responsibilities. The NMC Codes of Conduct will be evaluated with specific emphasis on recent changes within healthcare. These changes took place as a result of the tragedies at Mid-Staffordshire Hospital in 2005-2009 and are the outcome of the Francis report in order to improve care given to patients.
This assignment tries to explain the role Nursing and Midwifery Council plays in safeguarding the public and maintaining standard care within the UK. Establishing and maintaining standard rules and regulation and legislations which are there to safeguard people. In order to do that, the author will discuss how the MNC seeks to safeguarding the patients specifically restricting discussing on mental health by regulating mental health nursing. Key terminologies such as regulation and Mental Health Nursing, confidentiality, advocacy, person centered care, fitness to practice, accountability and whistleblowing will be considered and at the same time stating their significance in nursing profession. Furthermore the Author will briefly outline the responsibilities of the NMC and the code of practice. It will then look at by the Mental Health user’s duty to maintain confidentiality and what happen to a care worker if they break confidentiality. The author will then consider if the NMC has properly seek to protect the public or not and said which areas do they need to improve.
According to HIPAA, a patient's health information is considered private. Before a patient’s health information can be released to anyone, the patient must give written authorization. Authorization and consent are often used interchangeably. However, they are two different things when it comes
Professional Ethics in midwifery practice is a book speaking about just that, professional ethics within the field of midwifery practice. This book addresses what ethics actually are and how they apply to the profession today. Ethics are not tied into religion rather are the moral way for professionals to interact with their clients regardless of background, religious beliefs or ethnicity. Ethics are relevant in field of the healthcare system. Ethics serve to protect both the midwife and the client by helping the profession of midwifery be a trustworthy one. If the profession is trustworthy it builds the client’s confidence of the profession. Within the topic of ethics there are four broad topics. The first being the respect of autonomy, which
This essay will be relating to an episode of care that was provided to a woman, her partner and their baby on day five during the postnatal period. It will examine the role of the midwife in relation to breastfeeding and how this was not achieved in the case study which is shown in the appendix. Throughout the essay it will look at the following outcomes: the role and responsibility of the midwife within current maternity care provision, the importance of sensitive midwifery, key legal and ethical dimensions of the midwife's role and key sociological and psychological agendas impacting on current maternity care.
As a legal and professional obligation the Nursing and Midwifery Council (NMC) (2015) stipulate that all service users must have their confidentiality protected, therefore, the service user in this case study will be given the pseudonym of John.
Consent in the health care circles is a where a health care professional explains to the patient their current medical condition, provides the available recommended treatment for the problem and the risks involved and then the patient signs the form indicating his or her consent for the procedure. However consent to a medical procedure is not enough, consent must be informed whereby the health care professional fully discloses the facts behind the medical intervention to the patient. Patients normally encounter the informed consent when they need a surgical or medical intervention. However, informed consent has less to do with the patient signing the form. The signed form is used as documentation for keeping record but it’s not informed
Confidentiality is a core duty in the healthcare field, it requires healthcare providers to keep information private unless a release of information is in place, and if the patient feels there information is not protected than they are less likely to share sensitive information that could affect their care negatively. Before any health-care provider or institution may disclose patient-specific health information, the law requires the express consent of the patient. Such express consent must be in writing or, where state law permits, via computer. This is commonly referred to as the process for authorizing release of information. Where the Privacy Rule requires patient authorization, voluntary consent is not sufficient to permit a use or
Informed consent is required for the principle of autonomy for all treatments, including exams, injections, surgery, medication and radiation, to name a few. It is found in the Health Care (consent) and Care Facility (Admission) Act part 2. Informed consent may be expressed or implied and is based on a reasonableness standard. The elements of informed consent are that the consent must be voluntary (ie. not coerced, forced, or made unconsciously), it must be made by a patient who is mentally capable of consent (adult or mature minor, not suffering from inebriation or mental incapacity), and it must be informed. A patient is mentally capable to consent and can understand the nature of the treatment, understand its intended effects and alternatives,
Laabs (2008) stated that nurses require applied ethics to give moral direction while practicing. A moral community is a safe “place where community members are encouraged to bring ethical concerns to light and deal with these in a manner that promotes shared understanding and mutual respect”(Hardingham, 2004). In this paper I will tell you a story of an ethical conflict that I have encountered about breach of confidentiality, I will then go on to discuss how this experience has help to teach me about my own morals and how I can utilize this knowledge to inform nursing practice and encourage others to perform ethically as members of a moral community.