Nurses and the law???

bingiza · Guru

Nurses and the law???

sibweni · Senior Member

Gang out of order. ever heard ethics , code of conduct etc?

it doesnt matter who it involved mother,father,sister,brother she broke the code.

guevara · Senior Member

sibweni wrote:

Gang out of order. ever heard ethics , code of conduct etc?

it doesnt matter who it involved mother,father,sister,brother she broke the code.

Sod the code,ethics,etc!it was a matter of life and death.One has the right to protect their own.

abre les ojos · Guru

I'll have to agree with guevera on that one. What the hell are ethics anyway if they can't protect innocent lives?

For example a psychiatrist who's patient confesses to being a rapist or child molester would have to report him to the police.

Whatever this nurse has done isn't against the law or even a punishable offence. In fact, if I'm not mistaken the HIV guy can even be prosecuted for knowingly spreading the disease if he doesn't inform the other other party.

mamacita · Member

It all boils down to what country this happened in and what laws of ethics and confidentiality govern the medical profession thereof. If this happened back home then my reaction is: "kudos to that nurse for protecting that which is close to her heart!!" Perhaps as a country we can do a better job of living the reality of AIDS and not operating under the "it can not happen to me" thought process.

Just my 2 cents...

firstbendman · Senior Member

This is a tricky and complicated situation, but depending how you look at it - It can be a win-win,lose-lose or win-lose situation.

In US, patients privancy is protected under the Health Insurance Portability and Accountabity Act of 1996 (HIPAA). In general no healthy worker is allowed to disclose patient info to unauthorized personnel without patient consent. In this situation:

1. The nurse was wrong to disclose the status of the PT (thats why she got herself in trouble), but this nurse had the right to protect the cousin since blood is thicker than water. The HIPAA Act gives an ok to healthy worker to report to the authority, if pt health is posing risk to other pple. This nurse was supposed to report to police or Center for Disease Control organization etc.if there was evidence that the pt was making a move on the cousin (as a nurse she/he should have known better). It was up to these guys to investigate, gather evidence and prosecute this pt. The authorities take these type of case serious. Ndimagawagawa awa osachitanawo zibwana.

Since this nurse didnot follow precedures, one dangerous pt is outer there look for next victim. Apart from that, the pt can take legal action and get millions. The pt has legal basis, if he can prove that the nurse leaked classified info.

2.This pt has the right for privancy. Here are some of the clause in HIPAA Act.:

-It holds violators accountable, with civil and criminal penalties that can be imposed if they violate patients’ privacy rights.

-It generally limits release of information to the minimum reasonably needed for the purpose of the disclosure.

-Securing patient records containing individually identifiable health information so that they are not readily available to those who do not need them.

But as a pt who wanted infect others with intent, he has committed a crime. And his crime is punishable by long jail time.

Law suit or not this is the situation where pple will get away free because of lucky of evidence. Without audio tapes, video, photos or taped phone conversation its not easy to prove that sex was gonna occur or that the nurse leaked the information of a pt.

bingiza · Guru

sibweni wrote:

Gang out of order. ever heard ethics , code of conduct etc?

it doesnt matter who it involved mother,father,sister,brother she broke the code.

I know you are a medic, but somehow i doubt your integrity, you telling me that you knew the status of a dude wanting to go out with your sister you wouldnt tell her? man you are sick.

Look at Firstbendman,Abre and Guevera's post and then come back.

abuhakim · Senior Member

sibweni wrote:

Gang out of order. ever heard ethics , code of conduct etc?

it doesnt matter who it involved mother,father,sister,brother she broke the code.

Sometimes rules have to be broken. I will hold up anything that protects a human life and circumvent anything that puts a human life in jeopardy. Even if it means breaking the law. This Nurse could have been given written warning or something. And her cousin could have paid dearly!

Abu Hakim M`chawa

sibweni · Senior Member

guys the fact that the one is your relative doesnt give you a right to disclose ones medical condition to him or her.

yes i do agree in some countries the guy could be prosecuted for infecting the partner deliberately but was the nurse as we have seen the case of our own brother in uk who was banged up for seven year.

still in one of your relatives is being moved on by the patient what would you loose by telling her to take go for test before committing herself to the guy? in this case it will be up to her to take your word or ignore and protecting your source of nsima.

we have seen many cases of people taking up widows/er whos spouses died of obvious disease do they care? even if the nurse told her cousin she couldnt guarantee kuti sagwidwa ndi mtchona, on top of that the cousin couldnt shutup and just turn the guy down,she chose to tell and put her samaritan cousy in trouble.i do feel sorry for the nurse but got it wrong guys.as one has said if she couldnt persuade her cousy to turn the dude down then khoba fast fast could have done.

inu chisoni chinaphesa nkhwali.

abre les ojos · Guru

Whatever one says about this, if you were in her shoes you'll do exactly the same thing. I know I would!