Certified Post Anesthesia Nurse (CPAN) Practice Exam

What liability issue arises from hospital staff discussing a combative patient who required restraint?

1. Personal accountability

2. Medical malpractice

3. Invasion of privacy

4. Defamation of character

The correct answer is: Invasion of privacy

The correct answer highlights a significant concern regarding the ethical and legal implications of patient care. When hospital staff discuss a combative patient who required restraint, the primary liability issue revolves around invasion of privacy. In a healthcare setting, maintaining patient confidentiality is paramount. Discussing the details of a patient’s condition, behavior, or treatment—especially in a way that could identify the patient—may violate their right to privacy as protected by regulations such as HIPAA (Health Insurance Portability and Accountability Act). This law mandates the confidentiality of a patient’s health information, and any unauthorized disclosure of identifiable information concerning the patient's experiences—such as being combative or requiring restraint—can lead to claims of invasion of privacy. While concepts like personal accountability and medical malpractice address individual responsibility in care and the legal implications of a failure to meet accepted standards of practice, they do not directly address the issue at hand. Similarly, defamation of character relates more to false statements that harm a person’s reputation, typically involving assertions that are spread publicly, rather than private discussions among hospital staff. Therefore, invasion of privacy aptly captures the essence of the liability concern in the scenario of discussing a patient’s sensitive information inappropriately.