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Law Ethics and Professional Code of Conduct - PDF

   

Added on  2021-05-27

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Law and ethics 1LAW ETHICS AND PROFESSIONAL CODE OF CONDUCT.Written by:CourseTutorUniversityCity and StateDate
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Law and ethics 2Introduction.Law, ethics and professionalism play a key role in healthcare services provision. Medical decisions are made with strict consideration these key elements. Legal issues are handled according to the existing common laws and state laws (Avery, 2016). They are made through a legislative process. Some acts may be amended, added or repealed to address the arising issues inhealth care. according Chadwick & Gallagher (2016) ethical issues are the values that one is expected to uphold in their respective profession. The respective regulatory body stipulates the accepted codes of conduct of its registered members. This promotes professionalism in the discharge of their respective duties. All these are set out to improve the quality of services offered.Legal issues.The privacy act of 1988 regulates the collecting, use, handling of personal information in Australia (Webb and Dayal, 2017). Personal information is identified as true or untrue information or opinions of an identifiable person. The act outlines thirteen Australian Privacy Principles (APP) involved in the handling of private information. The second principle is about anonymity and pseudo anonymity (Mendelson and Wolf, 2017). It protects one from having the information linked to them. in this case, the name is completely withheld or another name which is not the true name of the individual is used in the case of pseudo anonymity. Sharni wrote a message directly to Carla. The information on the loss was directly linked to her. Her privacy was breached through this act. For any reason if her information was to be shared, and preferablynot to the public, she ought to be delinked since she has not allowed its disclosure.
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Law and ethics 3The sixth APP regulates the use and disclosure of personal information and sensitive information(Summons and Regan, 2016). Carla’s health records fall under sensitive information. It should have been held with utmost secrecy and can only be disclosed when she consents. There exist some exceptions to this law. When an APP agency is expected to use the primarily collected information for secondary purposes. The law may require the disclosure of such information for instance in a court or tribunal proceeding. The law hold that such information should not be published in the internet, either intentionally or non-intentionally, and be accessed by others. If an individual does not comply with these laws, they are held liable for breaching and would be penalized and convicted in accordance to the existing laws.Carla’s privacy has been invaded without her consent. Any action taken by a healthcare provider in the interest of the patient should receive a go ahead from the patient (O’Brien, et al, 2015). Clearly in the case scenario, Carla has not had a discussion with Sharni. Sharni goes ahead and writes a condolence message. She has not fully disclosed Carla’s information but has partially made it clear to the public that she had had a loss and was sympathizing. This is sensitive information and should not be disclosed unless there is a consent. She is prosecutable under the privacy act 1988 in the sixth principle. Her actions, though may seem unintentional are completely illegal. Sharni’s act is not an exception to this law, it is prosecutable.Sharni accesses Carla’s and discovered that she had had an ectopic pregnancy that was removed. She posts a condolence message on her Facebook wall. The information on the patients’ health was collected and protected by the privacy act. Healthcare providers are allowed to access patient information as the agency is anticipated to use the information for a secondary purpose; treatment. The disclosure between health care providers involved in her case is allowed to ensurecompletely holistic approach in treatment.
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