otograph of the patient for use in a promotional brochure), and public disclosure of private facts about the patient (such as disclosure of a diagnosis) (Brent, 1997).
Privacy is a right that extends to each individual. Confidentiality and its protection extends to certain people in certain relationships. Healthcare provider-patient relationships require information shared within that alliance to remain confidential. This means that confidential information will not be shared with anyone who is not directly involved in the patient's care and treatment. For patients who are members of a particular group such as AIDS victims, state and federal laws have mandated extra confidentiality protection. Disclosure in this case would cause additional injury to the patient due to stigma (Brent, 1997).
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).
A home health care nurse's unauthorized release of patient information or records can result in an invasion of privacy and a breach of confidentiality and a suit against the nurse and the agency. Established mechanisms for written patient consent of the patient for disclosure of information and records needs to be a part of the care; exceptions to the mandate of maintaining privacy and confidentiality need to be included. The nursing staff needs to be familiar with their own state's nurse practice act with particular rules and regulations mandating nurse-patient confidentiality and privacy (may differ from state to state) (Brent, 1997).
Particular care is needed regarding online h...