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Legal and Ethical Analysis of a Nursing: Case Study

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Added on  2020-05-04

Legal and Ethical Analysis of a Nursing: Case Study

   Added on 2020-05-04

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Running head: CASE STUDYLegal and Ethical Analysis of a Nursing Case Study: Law and EthicsName of the studentName of the universityAuthor note
Legal and Ethical Analysis of a Nursing: Case Study_1
1CASE STUDYQuestion 1 Often the terms privacy and confidentiality are used interchangeably in daily life.However both the words have a different meaning with reference to the legal standpoint.According to Ryan, Callaghan and Large (2014) confidentiality means any private or personalinformation which has been shared with a physician, therapist, attorney or any other personwhich commonly cannot be disclosed to any third party except when express consent has beenprovided by the client. On the contrary privacy refers to the duty of not intruding in the personalinformation or matters of another person (Ahpra.gov.au 2017). The duty of maintainingconfidentiality is a common law duty, however the right of privacy has its roots in the commonlaw and is a legal duty. When it is stated that information is confidential there is an expectationthat such information would not be shared unless expressed consent is provided. Privacy mayarise out of using a restaurant wash room or any activity which is private. For instance the concept of confidentiality would arise out of a situation where the client hadprovided me with the information that he has a certain disease. Thus I am not supposed todisclose such fact to any other person without the authorization of the client. The concept of privacy would come into the picture in relation to a medical examination of theclient. Question 2 The legislation pertaining to privacy in Australia is known as the Privacy Act 1988. TheAct is the regulator of the way in which personal information in relation to individuals ishandled. Personal information is described as any information or opinion with respect toindividual who can be identified or any individual who can reasonably be identified. There are
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