In the nursing world, when it comes to patient confidentiality, words matter as much as actions. One slip of the tongue or an accidental email can break patient confidentiality and trust. It is the legal and ethical duty of nurses to keep their patients’ information confidential, but sometimes breaches of confidentiality can occur, sometimes by mistake. In this blog, we will guide you on what to do when a breach in confidentiality happens and how to protect your patients and your nursing license.
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What is the breach of confidentiality in nursing?
Before we dive into what to do when a breach of confidentiality occurs in nursing, it is important to understand what breach of confidentiality is. Violation of confidentiality occurs when patients’ private information is disclosed intentionally or unintentionally without patient consent. HIPAA law requires that if there is any breach of confidentiality, it must be reported, whether it is done by accident or not.
How to deal with a breach of patient confidentiality?
Breach of patient confidentiality can happen sometimes intentionally and sometimes by mistake. Here are some steps on what to do when breach of confidentiality happens:
Stop and acknowledge the breach immediately
As soon as you recognize that that confidential information has been disclosed or shared then stop immediately and recognize your mistake. Do not ignore it as it can lead to consequences.
Report the breach
The next step is not to hide it or ignore it, but to report the breach. Follow the protocol of the healthcare facility and report the breach quickly; some hospitals require reporting the breach to the supervisor or compliance officer.
Document the breach
Okay, once you report the breach, the next step is to document it, as it helps with the internal investigation and shows your accountability. You can document the following:
- Time and date of the breach
- Nature of the breach
- Individuals who were involved
- Immediate actions that were taken
Be honest and cooperate with investigations
If there are any internal investigations or interviews, be honest and provide all the details. Being honest will help you especially if it was accidental.
Reflect and Retrain
Use this incident of violation of confidentiality as a learning opportunity to avoid it in the future. Self-reflections help to ensure that mistakes are not repeated.
What are examples of accidental breaches of confidentiality?
Breach of confidentiality in nursing can happen by accident due to a lack of self-awareness, but it can still lead to serious consequences. Some of the examples of accidental breaches in patient confidentiality in nursing are as follows:
- Discussing patient information in public, such as hallways, breakroom, or elevator.
- Sending email or patient information to the wrong person.
- Leaving patients’ charts unattended or computer screens on.
What are the examples of intentional breaches of confidentiality?
It is the legal and ethical duty of nurses to keep patient information confidential and not to share it with anyone. Doing it deliberately means violating the confidentiality of the patient, which can lead to serious consequences. Some of the examples of intentional breaches of confidentiality in nursing are as follows:
- Nurses looking up patient records without involvement in care, for example, checking electronic health records of a friend, celebrity, or ex-spouse.
- Sharing confidential or sensitive information of a patient on social media, for example, on TikTok or Facebook.
- Gossiping about the patient to colleagues and sharing patient details with them who are not directly involved in patient care.
What are the consequences of a breach of confidentiality in nursing?
The consequences of breach of confidentiality are based on severity and policies of the facilities, but some of the examples of consequences of breach of confidentiality of patients in nursing are as follows:
- Written warning.
- Suspension or termination.
- Report to the State Board of Nursing.
- Legal actions or a HIPAA fine.
What should a nurse do if they accidentally breach patient confidentiality?
When the nurse realizes that they have accidentally breached the confidentiality of the patient they must stop immediately and report their mistake. Reporting and being honest about it is really important as it can work in a nurse’s favor.
Can a nurse get fired for breaching patient confidentiality?
Yes, nurses can get fired for breaching patients’ confidentiality especially when it is done intentionally.
What are the main causes of confidentiality breaches in hospitals?
Confidentiality breaches can violate HIPAA laws and seriously damage patient trust and hospital reputation. Some of the most common causes of confidentiality breaches in hospitals are as follows:
- Talking or discussing patients in public areas.
- Viewing patients’ records even if they are not part of the patient’s care team.
- Accidentally sharing or sending patients’ information to the wrong person.
- Unsecured devices or screens
- Improper disposal of patient information
- Loss or theft of devices that had patient information is also an example of breach of confidentiality.
- Social media posts.
Conclusion
Mistakes happen even from the most experienced nurses- what really matters is how it is handled. It is a legal and ethical duty of nurses to protect the health information of their patients, but in today’s fast-paced healthcare environment, breaches in confidentiality can happen sometimes intentionally and sometimes accidentally. Once you realize that there has been a breach in the confidentiality of patients, it is important to report immediately, take accountability, and learn from it. Confidentiality is the most important part of nursing ethics and protecting it protects your patients, your license, and your reputation.
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