1 NURSING Introduction According toHaddad and Geiger (2018),ethical values are important for any healthcare professionals. Ethical considerations are the universal values of conduct that provides a practical basis for identification of the kinds of actions, intentions and motives. The Code of Ethics for Nurses in Australia helps in identification of the ethical standards of practice and provides the health care or the nursing professionals with a reference point over which they can reflect on their professional conduct. It also guides the nursing professionals in the decision-making process and upheld the ethical values of nurses (Nursing and Midwifery Board of Australia 2018). The following paper will conduct a case study assessment based on the violation of the ethical standards of nursing practice and nursing research. The two main ethical standards of practice that has been violated in this case include consent, informed refusal and autonomy and confidentiality and privacy. Discussion of ethical constrains Breaching the ethical principle of confidentiality and privacy Privacy is defined as the right of an individual to keep the information about them private and not to disclose others. The information shared during the clinical process is regarded as confidential and thus must be protected. Information like identification data, treatment plan, and case history and progress notes must be stored in multiple media and must be kept private. The information of the patients must never be disclosed to others without having prior informed consent or permission from the patient. However, information can be realised for treatment or administrative purpose without any prior notification to the patient. Patient also has federal, state and legal rights to analyse and obtain a copy or to amend the data of his or her health record (Victorian State Government, 2019).Bourgeois,
2 NURSING Nigrin and Harper (2015)stated that it is the ethical duty of the healthcare professional not to disclose the personal or health-related information of patient to any person who is not directly related to the patient’s therapy plan. Any disclosure of the health-related information or the personal information of the patient to other person without taking informed consent from the patient leads to breaching of the ethical principle of privacy and confidentiality. The analysis of the case study showed that one day, post the hospital release of the patient, he received a call from a research institution to become a participant of the research program in relation to his experience of care in the hospital after encountering accident. When he (the concerned) enquired, the research assistant told that they have received his telephone number and his residential address from the hospital where he was admitted for the treatment. Thus case study provides a clear indication of breaching the ethics securing the privacy and confidentiality of the patents’ information. The use of the electronic health records (EHRs) helps in securing the privacy and confidentiality of the patients’ information. Consent, informed refusal and autonomy Informed consent is mistakenly visualised as getting the patients or the participants sign a consent form. However, Food and Drug Administration UK (2019) stated that obtaining a patients’ or research participants informed consent either verbally or in written format is only a part of the process. Informed consent also deals with providing the patient with adequate information to enable informed decision about taking part in a research program. It also felicitate the potential participants in understand the research information along with giving appropriate time to ask questions and to discuss with the family or friends about the research protocol and whether or not he or she will take part in the research program. The analysis of the case study showed that research participant asks him whether would like to participate in the research study. Thus giving indication that consent was taken from the participant. He also received an email from research assistant stating the scope of
3 NURSING the project and duration of the interview and how the interview will be conducted. In this ground the researcher followed the guidelines of the informed consent. Apart from the informed consent, there is a provision for informed refusal. According to this, during the conduction of the interview, the participant can withdraw his or her name from the interview process during any point of time without any prior intimation. This approach goes in favour of the ethical principle of autonomy. Ethical principle of autonomy signifies that the participants of the interview have right to execute his or her own opinion, likes or dislikes and it is the ethical duty of the researcher to abide by the decision taken by the research participants(Holloway & Galvin, 2016). However, the case study showed that the research failed to follow the ethical guidelines of the informed refusal and respecting to the ethical rights of the patient’s autonomy. For example, when the young man (participant) reported that he is not emotionally capable of proceeding with the interview process, the interviewer abruptly hangs up the phone. This provided an indication of disrespect towards the participant’s ethical duty of autonomy and informed refusal.Axson, Giordano, Hermann and Ulrich (2019)stated that within the informed consent paper there is a separate column stating that the interview session must be conducted in such a way that the interviewee can understand and respond to the question easily. Like repeating the questions if required, pronouncing the question in an audible voice and in slower pace. The informed consent also states that an interviewee can refuse to answer any random question of the interview and that the interviewer can never force the interviewee and must respect interviewer’s decision. However, the case study showed that interviewer was asking the questions abruptly in a quick manner making it difficult for the interviewee to answer the question.
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4 NURSING Conclusion Thus from analysis of the case study based on the different ethical consideration, it can be state that ethics of privacy and confidentially was violated by the hospital administrative authority as they shared the person details of the patients to a team or researchers without taking informed consent from him. The case study showed that ethical principle of informed consent though followed by the research assistant or the team or researcher they failed to respect the ethics of informed refusal. Thus the autonomy of the patient failed to receive the desired respect in a comprehensive manner throughput the case study.
5 NURSING References Axson, S. A., Giordano, N. A., Hermann, R. M., & Ulrich, C. M. (2019). Evaluating nurse understanding and participation in the informed consent process.Nursing ethics,26(4), 1050-1061.https://doi.org/10.1177/0969733017740175 Bourgeois, F. C., Nigrin, D. J., & Harper, M. B. (2015). Preserving patient privacy and confidentiality in the era of personal health records.Pediatrics,135(5), e1125-e1127. https://pediatrics.aappublications.org/content/135/5/e1125.short Food and Drug Administration (FDA). (2019).Informed Consent for Clinical Trials. Access date: 28thAugust 2019. Retrieved from:https://www.fda.gov/patients/clinical-trials- what-patients-need-know/informed-consent-clinical-trials Haddad, L. M., & Geiger, R. A. (2018). Nursing Ethical Considerations. InStatPearls [Internet]. StatPearls Publishing. Harman, L. B., Flite, C. A., & Bond, K. (2012). Electronic health records: privacy, confidentiality, and security.AMA Journal of Ethics,14(9), 712-719. https://journalofethics.ama-assn.org/article/electronic-health-records-privacy- confidentiality-and-security/2012-09 Holloway, I., & Galvin, K. (2016).Qualitative research in nursing and healthcare. John Wiley & Sons. Nursing and Midwifery Board of Australia. (2018).Code of Ethics for Nurses in Australia. Access date: 28thAugust 2019. Retrieved from: https://www.nursingmidwiferyboard.gov.au/News/2018-03-01-new-codes-of-ethics- in-effect.aspx
6 NURSING Victorian State Government. (2019).Confidentiality and privacy in healthcare.Access date: 28thAugust 2019. Retrieved from: https://www.betterhealth.vic.gov.au/health/ServicesAndSupport/confidentiality-and- privacy-in-healthcare