Patient Confidentiality Essay - 785 Words

How Nurses Leaders Help Ensure Patient Confidentiality In 2015, the United States Congress endorsed the Medicare Access and CHIP (Childrens Health Insurance Plan) Reauthorization Act (MACRA), which in part called for meaningful information use reinforced by value-base care provider reimbursement models. [1] Health information technology (HIT) infrastructure streamlines care providing only with the in-depth information provided by Electronic health records (EHRs). HIT is an amalgamation of the development and creation of storage systems the house, store and protect EHRs and other medical data. Nurse leaders use these systems improve the quality of services, lower health care costs, and reduce medical errors. The technology has transformed†¦show more content†¦The technology also facilitates faster and safer health care services. Privacy, Security and Electronic Health Records The Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule regulates how care providers handle sensitive patient information. The provision dictates federally mandated protection measures concern specific and discernable patient information. The Privacy Rule encourages, but does not mandate, that providers to give patients a choice as to whether appropriate health care professional can access their personal medical information. Although, some laws – such as HIPPA - do exist that require care providers to obtain written patient authorization before sharing sensitive medical data. The medical professionals might use the information for operational activities such as billing or treatment. The Healthcare Insurance and Portability and Accountability Act of 1996 The Healthcare Insurance and Portability and Accountability Act (HIPPA) establishes nationwide standards regarding EHRs, health plan, mass medical information management, and care provider conduct when handling sensitive electronic patient records. [3] Under this rule, patients gain more control over the management of their medical details. HIPPA requires care providers to comply with safety measures that protect the privacy of patients’ health information. The law also limits what information care provides can share without patient consent. PatientShow MoreRelatedPatient Confidentiality Essay926 Words   |  4 Pagesï » ¿Patient Confidentiality: Ethical Implications to Nursing Practice Patient Confidentiality: Ethical Implications to Nursing Practice Patient confidentiality is a fundamental practice in healthcare and it is integral part of healthcare ethical standards (Purtilo Dougherty, 2010). According to the American Nurses Association (ANA) code of ethics â€Å"the nurse has a duty to maintain confidentiality of all patient information† (Nursing world, p.6). Also, when a patient confidentialityRead MorePatient Confidentiality Essay684 Words   |  3 PagesPatient Confidentiality As healthcare providers, maintaining a patient’s confidentiality, human dignity and privacy is expected at all times. Nurses are faced with maintaining patient confidentiality on a daily basis. The Coded of Ethics for Nurses is the framework of nonnegotiable ethical standards and obligations that all nurses are to uphold. Nurses are to be accountable for their actions and are expected to advocate and strive to protect the rights, health and safety of patients (American NursesRead MoreThe Erosion of Patient Confidentiality Essay469 Words   |  2 PagesThe Erosion of Patient Confidentiality The medical Profession recognizes that patients have a number of basic rights. These include but are not limited to the following: the right to reasonable response to his or her requests and need and needs for treatment within the hospitals capacity. The right to considerate, respectful care focused on the patients individual needs. The right of the patient to make health care decisions, including the right to refuse treatment. The right to formulateRead MoreDuty to Protect vs Patient Confidentiality Essay617 Words   |  3 Pageshave determined, that a patient presents a serious danger of violence to another, the therapist then has a ‘duty to protect’ that third party† (Dimone Fulero, 145-147). However, the Tarasoff doctrine is vague as written, given very little direction to practitioners in how to carry out their legal obligation while still remaining ethically responsibly to their client. A leading ethical challenge in the mental health profession today inv olves maintaining client confidentiality and protecting the publicRead MoreResponsibilities Of A Registered Nurse1110 Words   |  5 PagesRegistered nurses must demonstrate their competence every year by providing evidence to show that they are meeting the standards and legislative requirements (Nursing Council of New Zealand [NCNZ], 2007). This essay will describe the responsibilities of a registered nurse and discuss how confidentiality and being professional as ethical values from the Code of Ethics relative to the role of a Registered Nurse in New Zealand. Beauchamp and Childress (2013) defines ‘ethics as a term used for referringRead MoreConfidentiality in Nursing Practice826 Words   |  4 PagesThe Importance of Confidentiality in Nursing Practice This essay will discuss why confidentiality is important within nursing practice and the reasons why a registered nurse and student nurse are accountable and to whom they are accountable to in relation to patient care. It will further discuss patient’s rights in relation to law. Definition of Confidentiality, Bailliere’s DictionaryRead MoreConfidentiality And The Common Law Of Confidentiality846 Words   |  4 PagesIn this essay I am going to discuss confidentiality. The common law of confidentiality says that people have a right to expect that information given to a healthcare professional is only used for the reason it was given but also that it will not be disclosed without permission (The nursing times, no date). The important concept is of trust, without which no relationship can develop or be sustained between a patient and a nursing practitioner. Baillie and Black (2015. p27) stated that in practiceRead MoreThe Ethical Consequences Of Breaching A Patient Confidentiality872 Words   |  4 PagesConfidentiality is one of the main duties of health care providers. They are required to keep information about patient’s health private unless the patient give permission to release his/her health information (De Bord et al, 2013). Dilemmas in patient’s confidentiality may arise when there is disagreement between confidentiality and other ethical principles such as avoiding harm to the patient or others. The aims of this essay is to describe my professional viewpoint on the confidentiality of aRead MoreConfidentiality Is The Safe Keeping Of Documentation And Information From A Client1515 Words   |  7 PagesIn this essay, I, will explore circumstances a health professional would be justified in disclosing confidential information to a third party without his/her consent. Confidentiality is the safe keeping of documentation and information from a client. The information must be kept between you and the client for it to remain confidential. Confidential information could be a client’s name, address, date of birth, bank details, family details and religion (Confidentiality, 2009). To make sure confidentialityRead MoreIs Consent And Confidentiallity Is Important For Midwifery Practice1218 Words   |  5 PagesThis essay will explore why consent and confidentiallity is important in midwifery practice. It will look into why it is needed and what can happen if these aspects are breeched in anyway. The National Health service was founded in 1948, this brought free healthcare to everyone. In 1902 the Midwives act becomes a law and midwifery became an established profession, fast forward to 2004 the midwives rules and standards are published and then amended in 2012 and in 2008 the code of conduct was brought

Kids Will Be Kids Is No Longer The Case - 992 Words

The employee’s lunch quickly ended as he stormed out of the break room baffled. While walking back to his cubical, he thought†¦. Parents really allow their children to have such a disgruntle demeanor? The day seemed to drag as he became emotionally disgusted. He found himself disturbed and writing down words like anger, fist fighting, bribery, nark, under achiever and so on. All these words carry a negative meaning. It is these kind of words that children, friends, family, coworkers and employers endorse in their daily lives for the sole purpose to bully others? These words have been around for eons and did not have the same impact on society as they do today. The old clue shay â€Å"kids will be kids† is no longer the case. American’s†¦show more content†¦Today, people are out of tune with human civilization. This did not happen overnight. Due to people using negative words in their daily vocabulary change occurred. One evident cause is individual values. Constantly, the local daily paper is full of people committing wrongful acts of behavior. The band aid answer is contributed to one’s upbringing. While partially accurate it continues well beyond. An individual’s values are comprised of discipline and ethics. Very few children today receive a good old spanking that some old folks reminisce about when talking about the â€Å"good old days†. People who grew up over the past 25 years lack discipline, which has flowed into the work force. Discipline comes in various forms. Just like discipline a adults parental rights are eroding too. Society has put their nose in how parents raise their children. Parents are afraid to spank their child, have them perform additional chores, or stand in the corner with their nose touching the wall when they do wrong. The current laws tie parents’ hands. According to American Humane Association â€Å"an estimated 3.3 million reports of alleged ab use and/or neglect involving approximately 6 million children were made to local child protective services (CPS) agencies across the country. An estimated 899,000 of these children were determined to be victims of abuse

Construction Contracts Law and Management

Question: Discuss about the Construction Contracts Law and Management. Answer: Introduction Contract is an agreement enforceable by law. Agreements which confers legal obligation on the parties, only those agreements are contracts. Validity of contract is determined on the basis of the fact that, whether essential conditions of for formation of contract have been satisfied or not. Essentials of a valid contract constitute an agreement, intention to enter into contractual relationship and consideration. An agreement includes offer and acceptance of the terms of the offer in strict sense. In order to constitute a legally binding relationship between parties there should be meeting of minds, in other words the parties must agree upon the terms of the contract in the same sense. At common law a promise to be enforceable by law as a contract must either be incorporated in a deed or supported by valuable consideration. In Dunlop Pneumatic Tyre Co. vs. Selfridge and Co. Ltd. consideration was defined as An act or forbearance of one party, or the promise thereof, is the price for which the promise of the other is bought, and the promise thus given for value is enforceable. It can rightly be asserted that consideration is an important aspect of contract so as to be legally binding upon the parties to contract. In other words, consideration is the price paid for enabling the promise to be enforceable. The rule that consideration must not be adequate or commercially realistic, rather it should be sufficient, mandates that the consideration need not be equal to that promised, but must have some value. In other words in a contractual arrangement some value must be given by promisee in lieu of promise made by the promisor. This is in line with the pronouncement in the case of Thomas vs. Thomas wherein it was laid that consideration must hold some value in the eyes of law. The research paper would analyze problem related to the nature of consideration so as to enable the contract to be enforceable by law. Whether the consideration should be adequate or commercially realistic or the consideration would be a valid consideration under law if it is a sufficient consideration. The present paper would determine with reference to case laws, development of the concept of consideration in contract law and explain the role of consideration in formation of contract. History on the origins of concept of consideration Concept of consideration requires it as an essential element in the formation of contract. The term consideration was for the first time in contractual context used by judiciary in 1557, with regard to a marriage agreement in the case of Joscelin vs. Shelton. It has been argued that concept of consideration occurred around 16th century when the common law judges were in a dilemma, as to enforcement of a contract not under seal, and the answer to the problem lied in development of the concept of consideration, so as to identify and enforce bargains. Theorists are of the view that the concept of consideration might be a species of evolution of the concept of assumpsit, but it can be argued that during this process there existed a strong influence of the 14th century doctrine of Quid pro quo. With the decision in Pickering vs. Thoroughgood in 1533 the concept of assumpsit had developed to an extent that it could be regarded as a remedy in cases of breach of promises. In the said case a successful action was brought by a brewer against a person who assumed and promised to deliver malt, which was supposed to be used in brewing trade. The position laid in Slades case led a way to enforcement of simple agreements. The said case adjudged that every contract carries in itself an assumpsit, as where one party agrees to make payment or deliver goods to another, he thereby assumes the position of a promisor and for the said reason when the former delivers goods to the latter, the latter in consideration of the delivery agrees to pay money at such a date. The court after observing the above mentioned position concluded that wherein a similar situation arise both the parties have an action of debt or an action of assumpsit, hence whenever the parties have two remedies available, the option to opt between the two lies with the parties. During the 18th century consideration was presumed in case of existence of moral obligation. The definition of consideration lay in the case of Dunlop vs. Selfridge was accepted during 20th century, and the same still prevails. Academic theories of consideration The academic theories related to consideration are imperative in the formation of a valid contract that enforceable by law. The contract law deals with the conception of exchange and it predicates the economy of a country. In countries like Australia most of the goods and services are distributed through markets and contract forms an integral part of the market. Consideration under the law of contract is an essential element that validates a contract and makes it enforceable by law. It is a well-established concept that enforceability of contracts is imperative in ensuring fairness and legal certainty for all the parties to the contract. The principal academic theories related to consideration are consideration is not required to be adequate, it must be sufficient; past consideration is not a good consideration; part-payment of a debt is not a good consideration and performance of a legal duty is not a good consideration. Consideration must be sufficient, it is not necessary that it should be adequate A consideration is valid if it is sufficient to bind the parties to the contract legally. A consideration that has some monetary value is considered as a valid consideration before the court of law. The consideration made must be recognizable in the eyes of law. The promises made by the parties at the time of entering into a contract must not be merely verbal promises. The promises made by one party in exchange of the promise made by the other party must be of some value that is recognized by the law. The value of the consideration may not be equal value but it must be something that amounts to a sufficient consideration to make the contract and valid and enforceable by law. In White v. Bluett (1853), Bluett brought a legal action against his fathers consent for an arrear amount and claimed that his father promised to make payments of the outstanding bill in exchange for Bluett himself provided Bluett stops complaining about it. It was held by the court that the consideration made by his father does not amount to a valid consideration as a promise to stop complaining does not possess any monetary value. Therefore, Bluett was still entitled to be paid by his father. It is established that consideration made in exchange of the promise must be tangible and must possess some pecuniary value. However, there are instances that are not considered as sufficient consideration in the legal parlance. These include moral duty, natural affection, love, and prayers. Promises made out of natural love and affection are not considered good consideration as these promises are regarded as general promises that are made within a family and there is no pecuniary value attached to the promises. The terms sufficiency and adequacy have similar meanings but from the legal point of view, they differ in their meanings and application. A consideration is considered adequate when a price or value received by any person is not proportionate to the price paid by the person. However, the courts are of the opinion that it depends on the parties to the contract as to what value is to be attached to the goods or services they intend to sell. Therefore, if the consideration in a contract is inadequate it does not invalidate the legal efficacy of the contract. This contention has been established in the case of Grogan v. Cooke where it has been observed that if the consideration is adequate and is not malafide in nature the court shall not intervene into the matter. It is an acceptable rule of common law that as long as the terms of a contract are not ambiguous and comprehensible the terms shall not be considered as unfair or inadequate. The rule is subject to the condition that the value attached to the services and the goods that forms the subject matter of the contract is nominal the goods and services are exempted from regulations as was expressed in Irish Steel Ltd case. Past consideration is not a good consideration If either of the parties to the contract executes an act willingly and the other party makes an undertaking after such performance, the consideration thus made is termed as past consideration. The Law of Contract stipulates that any consideration that is not made either with or after the promise becomes a past consideration and is not regarded as a valid consideration. Past consideration is not valid and cannot make the contract enforceable. This rule has been established in the case of Roscola v. Thomas (1842) 3 QB 234. The facts of the case were such that the plaintiff purchased a horse from the defendant and subsequent to the sale, the defendant assured him that the horse was sound by nature. However, later it was found that the horse was unsound and the plaintiff brought a legal action against the defendant for committing violation of the contract. The court held that the soundness of the horse did not amount to a valid consideration for the promise. The only consideration that w as made was the contract to sell the horse. However, the sale of the horse took place before the defendant had promised and hence it amounts to past consideration, which is not considered as a good and valid consideration. Part-payment of a debt is not a good consideration The rule established in the Pinnels case that fraction payment of a debt does not constitute a good consideration. If a party owes a certain amount of money to another party and assents to make fraction payment it is considered as part payment of a debt. The underlying reason behind the rule is that the proposal of making payment of a lesser amount cannot satisfy the outstanding greater amount and the law must decline to enforce the contract that includes such terms. This rule though was introduced in the Pinners case but was applied in the Foakes V Beer. In the latter case, Mrs. Beer asked Mr. Foakes to pay the debt for which Mr. Foakes asked for time subject to the condition that Mrs. Beer shall not take legal action against him. Mrs. Beer agreed to him but later she sued him for the remaining balance. It was held that Mrs. Beer was entitled to the payment of debt and that the promise made by her in exchange had no pecuniary value. Hence, it was not a good consideration. The most i mportant exception applicable to this rule is the doctrine of Promissory Estoppel. The doctrine binds a promise in the absence of a consideration. The doctrine states that if a party makes an undertaking relying upon which the other party acts on the promise, then the party making such undertaking is estopped or prohibited from turning in the promise made despite the party acting on such promise has not provided a good consideration. This doctrine has been established in the cases of Hughes Case (1877) and the High Trees (1947). The other exceptions applicable to the Pinnels case are that if the lesser sum proposed to be paid is accepted by the creditor; the amount is paid as an object that is acceptable by the creditor. Performance of a legal duty is not a good consideration When the plaintiff promises the defendant to fulfill a previous promise this amounts to insufficient consideration. Any public duty that is imposed by the law does not amount to a good consideration as the person is under statutory obligation to perform the legal duty. From the above discussions, it can be concluded that a consideration to be valid must be sufficient and adequate. As discussed above, for a consideration to be adequate it must be unambiguous and must not include any unfair terms. Again, a consideration is considered as sufficient in the eyes of law only when the promise made has economical value attached to it. Besides, having pecuniary value attached to the promise it must also be recognizable by the law. The intervention of the courts is unwanted, as the parties to the contract must decide the value to be attached to the goods and services. In case the terms are not fair and incomprehensible, the parties may seek the courts in the matter. A consideration acts as a fundamental element in the formation of a valid contract as it makes a contract legally binding and effective. For a contract to be enforceable by law, it is mandatory that the consideration is a good consideration. However, there remain difficulties in reconciling the s ufficiency and the adequacy argument. The main problem is that if practical advantage is to be considered to be the basis of a sufficient or adequate consideration, there are contrasting decisions that still do not make a clear statement as to whether a consideration must be sufficient or adequate for it to be valid. However, if the reasoning stated by the Court of Appeal in the Williams v. Roffey Bros is followed then the doctrine of consideration requires to be refined and restricted and recognition must be given to the practical benefit approach instead of the legal approach. Reference list Adriaanse, Mr John.Construction contract law. Palgrave Macmillan, 2016. Bailey, Veronica E.Cape Law: Text and cases: Contract law, Tort law and Real property. AuthorHouse, 2016. Gallagher, Ciaran. "Should the" Doctrine of Consideration" be abolished?." (2016). Hughes, Will, Ronan Champion, and John Murdoch.Construction contracts: law and management. Routledge, 2015. Kane, James. "The Rule in Pennel's Case: The Case for Repeal, a Mistaken Preponderance and Finding Consideration in Debt Renegotiations."Dublin ULJ37 (2014): 79. Liebenberg, Sandra, Colm O'Cinneide, and Gerry Whyte. "Case Notes and Recent Developments."Dublin University Law Journal37 (2014). Martin, Paul. "Estoppel: Binding promise without a contract: Court of appeal considers proprietary estoppel."LSJ: Law Society of NSW Journal23 (2016): 93. McKendrick, Ewan.Contract law: text, cases, and materials. Oxford University Press, 2014. Poole, Jill.Textbook on contract law. Oxford University Press, 2016. Robertson, Andrew. "Three Models of Promissory Estoppel."Browser Download This Paper(2014). Thampapillai, Dilan. "Practical Benefits and Promises to pay Lesser Sums: Reconsidering the Relationship between the Rule in Foakes v Beer and the Rule in Williams v Roffey."U. Queensland LJ34 (2015): 301. Zhang, Enkai. "Australian Business Law. A Case Study." (2015).

Medias Effect on Body Image free essay sample

The Media How realistic is the media’s presentation of women? Women and men come in all shapes and size, yet constantly the media presents us with only one ‘image’ – a very slender and unrealistic one. Only a small percentage of women actually look that way naturally. We forget when looking at these pictures that the best lighting and photographic equipment, hours with make-up artists and wardrobe assistants have been necessary to make these women look so ‘natural’. What is the media trying to do by constantly presenting us with unrealistic images? Deliberately convince us that we are not good enough as we are. To make us believe that in order to be happy, successful and popular we must change – we must try and mirror the media image. Because for most of us our size, shape and facial features are not represented on the screen or in the magazines we begin to feel as though we are ‘not good enough’. We will write a custom essay sample on Medias Effect on Body Image or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page We begin to believe that we need to change, that we should not be happy with our current appearances. What do you think is gained by having us believe that we need to change ourselves? There is BIG money to be made in the name of image creation. Large industries are flourishing because we have come to believe that we need their products and services in order to be wanted, needed, loved, happy and successful. Just think of all the cosmetics, diet books, dietary products, dieting agencies, cosmetic surgeries – the number of businesses which are thriving simply because we have been made to feel inadequate as we naturally are. How would these businesses survive if we were left to feel happy with ourselves? How does this all effect us? We are of course all affected in varying degrees. The pressure to feel dissatisfied with ourselves can lead to low self-esteem, even self-hatred. Some of us become obsessed with striving to achieve the media image. This can be time consuming, expensive and emotionally damaging and lead to physical ill-health. Far from promoting health and happiness, these media images encourage illness. Some of us feel guilty when eating or swimming in public because out bodies are ‘not good enough’. Many turn to disordered eating patterns. many have died as a result. How successful do you feel the media has been in convincing you and your friends that you need to change? Think about how differently you would feel about yourself if the slim media image was replaced with a wide variety of shapes and sizes – just like the real world? What can you do about all this? Think carefully about the points raised here. Talk them over with your friends – we are all being pressured by the media. We all want to be loved, desired, happy, feel needed and wanted – but are those things that can really be bought, copied, or manufactured? Do happiness and popularity really come from a diet sheet, a pot of face cream or from a painful cosmetic surgery procedure? Suggestions Perhaps you and your friends can agree to help each other overcome media pressure by not encouraging each others diet and food fads, advocating certain body shapes or endorsing right and wrong body shapes. Reduce the talk of losing weight and changing shape. Try not to wonder what your ideal body shape is and think more about things that make you feel healthy and comfortable in you own skin. Leant to look at different shapes and sizes in a new light for what they are – that there are many different types of beautiful.