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; …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.

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