c LawLegal issues Confidentiality Duty A designated person must not disclose

C lawlegal issues confidentiality duty a designated

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(c) Law/Legal issues Confidentiality:
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Duty: A designated person must not disclose confidential information unless permitted under the Act ( Hospital and Health Boards Act 2011 (Qld), s142). Designated person means a person who is or was a health professional ( Hospital and Health Boards Act 2011 (Qld), s139[e]). The health care professional-patient relationship gives rise to a legal duty of confidentiality, as information of a confidential nature is disclosed by patients with an expectation that it will be kept confidential ( Common Law (2006) 94 SASR 64). In this scenario, Mrs Semple said clearly that she doesn’t want her husband to know any information about her, nurses should obey that because of laws. Breach: A breach of the ethical rules set out in Code of Ethics & Code of Conduct may lead to disciplinary action being commenced against the health care professional ( Duncan v Medical Practitioners Disciplinary Committee [1986] 1 NZLR 513) If nurses didn’t keep Mrs Semple’s information as a secret, they may be punished. Negligence: Duty: The law has recognised certain relationships give rise to a duty e.g. doctor/patient, health professional/patient ( Rogers v Whitaker (1992)). The law has established that a ‘duty of care’ is owed by a nurse to a patient ( Langley & Warren v Glandore Pty Ltd & Thomson [1997]). Nurses have duty to care patients. RN Bolton should avoid the action which could harm Mrs Semple. Obviously, he didn’t obey this law. Breach: Does RN Bolton obey the standard of a competent professional? Absolutely, he has fallen below the standard of care expected at law. He didn’t obey the law, he didn’t provide safe care to Mrs Semple. He should be punished by relevant departments. Damage: The damage should be causally connected to the breach and the breach must be foreseeable. Physical damage could be recognized by law. Mrs Semple’s death caused by RN Bolton’s negligence directly. This error was foreseeable and avoidable, but RN Bolton gave the wrong treatment to the patient.
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3. Action NMBA Code of Conduct Principle 2: Person-centred practice P2.1 b Ensure the delivery of safe and quality care, comply with their obligations. In this scenario, RN Bolton should check the patient’s information carefully. However, he didn’t check Mrs Semple’s chart and the instruction above her bed carefully and gave the wrong treatment to the patient. This action means that he didn’t ensure the delivery of safe and quality care. He feed Mrs Semple food and these food lead to Mrs Semple’s death. P2.1 c Document and report concerns if…compromising the health and safety of people receiving care. In this scenario, Bolton realized his error shortly after feeding the patient, he must be already known his error could be harmful to Mrs Semple. At that situation, he should document and report this incident immediately, but he didn’t. P2.2 a
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  • Health care provider, Marion Semple

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