Violation Of Nursing Law: Illegal Action Or Ethical Dilemma

Register to read the introduction… This helps identify healing progression and determines if changes need to be done to the wound care. During a visit to an assisted living facility (ALF), a wound care nurse used her camera to take pictures of the unhygienic facility. She stated “look at this filth; it’s no wonder the patient’s wounds won’t heal.” She related that she had sent some of the pictures to the state so the facility could be inspected. With great concern, she was reminded that the camera was only to be used for photographing patient wounds. She was asked if she had reported the unhygienic events to the administrator of the facility. She stated she did not have to report it as the facility should know the standards of hygiene. The photograph was of an elderly patient in a bed that had food stains on the rails and on the walls. Authorization is signed by a patient to photograph their wounds for charting and progression, not for release of information identifying the face of the patient. The nurse was in violation of the Privacy Act. This was a HIPAA violation. Administration separated the nurse for misuse of the company camera but could not comment on the reports to the state. A formal complaint was filed identifying disclosure of patient’s private information outside of consents authorized (Office of the Civil Rights, DHHS). The nurse had good intentions for her patient’s well being; however, she did not consider the consequences involved with her actions. The Company, she worked for, could not protect her once she was in violation of the HIPPA law. The recent Margaret Haywood controversy comes into play here. She was banned from nursing because she took a risk and exposed the neglect of an elderly patient at a facility. She did not follow the chain of command for fear of retaliation. She lost her career trying to protect her patient’s best interest. This was aired on the BBC news in 2005 across the country. She was charged with breaching patient confidentiality and was banned by the Nursing and Midwifery Council (NMC) (Nursing Standard, 2009). Another Nurse Practitioner fell to the same fate, when she went above her chain of command to report policy violations at a facility. She was fired when she attempted to inform the facility of its violations. The whistleblowers are not protected (Legal Eagle Eye, 2009). A similar incident about compromised photography caught scrutiny. Anne Penney had her personal camera confiscated when she photographed poor sanitary conditions of a facility to support the cleanliness concerns (Penney, 2009). It is not unusual that care givers who blow the whistle, catch retaliation from employers. The “at will” employment has its hand at this. This means that an employee or employer can terminate employment at any time without cause and if the reason isn’t illegal. There are conditions under which a nurse or other health care professional may be protected from having retaliation for reporting patient safety violations or health care fraud. There are guidelines that govern whistle blowing, and health care individuals are encouraged to consider them (Drew & Garrahan, (2005). Whistle blowing guidance from the Nursing and Midwifery Council (NMC) will tell nurses how to raise concerns about patient care without breaching professional rules (Nursing Standard, 2009). In conclusion, breach of patient confidentiality and the privacy act violation is an illegal act. Healthcare workers must consider the consequences when blowing the whistle. Cautionary methods to …show more content…
The word “dilemma”, means a disaster. We as nurses have faced an ethical dilemma in trying to protect our patients. We have lived the standards of nursing. We have been altruistic. We have been selfless and we have given all that we have of ourselves. We are nurses and we care.

Reference
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Drew, M. & Garrahan, K. (2005) Whistleblower protection for nurses and other health care professionals. Journal of Nursing Law, 10(2).
Haywood appeal. (2009). Nursing Standard, 23(40).
Health Insurance Portability and Accountability Act (HIPAA). (2003). Retrieved electronically on August 7, 2009 from http://www.hipaa.org/
Holy Quran. (2000). Elmhurst, NY/USA: Translated by Abdullah Ysuf Ali. Transliteration in Roman script by M.A.H. Eliyasee. Published by Tahrike Tarsile Quran, Inc.
Life Application Bible. (1978). Colorado Springs, Colorado/ USA: Zondervan publications.
NMC to update guidance on reporting poor care. (2009). Nursing Standard,