graph of the patient for use in a promotional brochure), and public disclosure of private facts about the patient (such as disclosure of a diagnosis), each without the patient's consent (Brent, 1997, 256).
Privacy is a right covering each individual, while confidentiality is more limited and covers certain people in certain relationships. Healthcare provider-patient relationships require that information shared between provider and patient remain confidential. Confidential information is not to be shared with anyone not directly involved in the care and treatment of the patient. For certain patients, such as AIDS victims, state and federal laws provide added confidentiality protection based on the belief that disclosure in such a case would cause additional injury to the patient due to stigma (Brent, 1997, 257).
An additional protection of confidentiality is testimonial privilege. This protection is not absolute and must yield to other concerns in some cases such as state's requirement that certain diseases (infectious diseases) or injuries (child abuse or neglect, gun shot wounds) be reported to prevent further injury. Written, informed consent to release information is the best defense against an allegation of a breach of confidentiality (Brent, 1997, 258).
If a home health care nurse makes an unauthorized release of patient information or records, the results can include an invasion of privacy, a breach of confidentiality, and a suit against the nurse and the agency. Protection can be maintained when established mechanisms for written patient consent for disclosure of information and records is a part of the care; exceptions to the mandate of maintaining privacy and confidentiality need to be included. The nursing staff must be familiar with its own state's nurse practice act and the particular rules and regulations mandating nurse-patient confidentiality and privacy (Brent, 1997, 257-258).
Particular care ...