Report on Legal and Professional Issues in Nursing Scenario

This report analyzes a healthcare scenario where a patient's right to refuse treatment was potentially violated due to a medical condition and social security disability. The assignment discusses the legal aspects, including the Privacy Act of 1974 and HIPAA, and patient rights. It also addresses the hospital's perspective on patient information and privacy. The report explores the conflict between the patient's right to refuse treatment and the doctor's actions based on the patient's condition, concluding that the patient's rights were compromised, but the doctor's actions were also justified. References from legal journals and healthcare publications support the analysis of the legal and ethical considerations of the scenario.

LEGAL AND
PROFESSIONAL
ISSUES IN
NURSING

INTRODUCTION
 The chosen healthcare scenario is a
patient was treated against the will of
his own.
 Legal rights of the patients have been
hampered
 The discussion has been done on the
basis of the scenario

DESCRIPTION OF THE HEALTHCARE
SCENARIO
 The patient has some sort of
malfunctioning in the
kidney.
 Due to severe deterioration
of the condition doctor
decided to operate.
 Due to Social Security
Disability, individual is not
liable for rejecting treatment
(Torrey, 2018).
 No proper information about
operation is given to
patients
 In this situation, the
patient's right is seen to be
violated.

DESCRIPTION OF THE LEGAL CONSIDERATIONS
 The rights of the patient
 According to the Privacy Act of
1974, patient has the right to
know the rules and regulations
of the organization.
 The patient has got equivalent
rights to take decisions of his
treatment (Baker, Kaye & Terry,
2016).
 The data of the patients may
only be disclosed through the
permission of the
patients(Tovino, 2016).
 Health Insurance Portability and
Accountability Act of 1996 is
also to be implemented for the
data protection (Cohen & Mello,
2018).

DESCRIPTION OF THE LEGAL CONSIDERATIONS
 The rights of the hospital
 Personal information of the
patients is limited to the
employees of the
organization.
 The medical history is never
shared expressed consent
has been given by the
patient as per the privacy
Data Act of 1974(Russell &
Voisin, 2016).
 The privacy policy of the
hospital also has the
provisions for seeking of the
patient information.

PROPOSE RESOLUTIONS AND YOUR
INTERPRETATION OF THE EXPECTED
 The doctor was also
right as the
malfunctioning of one
kidney would affect the
other one and different
part of the body.
 It is not legal to violate
the rights of the patients
 However the patient
could not reject the
treatment as the
individual was subjected
to Social Security
Disability.

CONCLUSION
 In the following assignment, right of the
organisation under the Privacy Data Act
of 1974 is conserved.
 The viewpoint is also presented with
respect to both the organization and the
patient.
 Right of the patient is seen being
violated where

REFERENCE LIST
 Baker, D. B., Kaye, J., & Terry, S. F. (2016). Governance
through privacy, fairness, and respect for individuals. eGEMs,
4(2).
 Cohen, I. G., & Mello, M. M. (2018). HIPAA and protecting
health information in the 21st Century. Jama, 320(3), 231-232.
 Krent, H. J., & Morris, S. (2015). Inconsistency and Angst in
District Court Resolution of Social Security Disability Appeals.
Hastings LJ, 67, 367.
 Russell, E. C., & Voisin, G. F. (2016). A Primer on Social
Security Disability Law. Loy. L. Rev., 62, 829.
 Solove, D. J. (2016). A brief history of information privacy law.
Proskauer on privacy, PLI.
 Torrey, T. (2018). Exceptions to Your Right to Refuse Medical
Treatment. Retrieved 13 September 2019, from
https://www.verywellhealth.com/exceptions-to-your-right-to-re
fuse-medical-treatment-2614973
 Tovino, S. A. (2016). The HIPAA privacy rule and the EU GDPR:
illustrative comparisons. Seton Hall L. Rev., 47, 973.

Thank you