In 1976, the California Supreme Court ruled in the case of Tarasoff v. Regents of the University of California that a patient’s right to confidentiality “ends where the public peril begins.” It was decided that doctor-patient confidentiality could—and should—be broken if the doctor believes a patient will cause serious harm to another person. In his article entitled “A Defense of Unqualified Medical Confidentiality,” Kenneth Kipnis argues that doctor-patient confidentiality should always be kept, contrary to the findings of the Tarasoff case. He presents the fictionalized case of the infected spouse to clarify his argument. In this case, a husband learns from his doctor that he is HIV positive.…
Reflective Journal/ Annotated Bibliography Confidential Communication Cox, C. (2015). Understanding confidentiality in health care. Journal of Diabetes Nursing, 19(10), 378-384 4p. This article describes the dilemma that healthcare professional faced regarding patient confidentiality.…
1) Describe some of the circumstances in which confidential health information can be disclosed without the patient's explicit consent Confidential health information can be disclosed under the following circumstances without the patient’s consent. Court orders and Subpoenas - when there is a court order made to have the health records available. The legal process to obtain health record information is through a subpoena. Statutory reports - Hospitals and medical personnel are required to report certain health information to public authorities.…
Releasing patient information is not only unethical, but also against the law. I could mention meeting Jack Ryan, but there is no need to elaborate. I would state that I am not allowed to discuss patients or any patient information. The significant other should understand and respect the decision to not discuss. Violating HIPAA results in steep consequences.…
Two problems are occurring concurrently in the case of Fran. The first involves the parents attempt to force Fran to continue life-sustaining cancer treatments when she has made up her mind that she no longer wishes to continue the treatments. She has come to the decision that her quality of life has diminished and she wants to enjoy the time she has left. The second problem involves the parent’s threat to take Fran to court in attempt to have her judged incompetent, thereby allowing them to take control of her treatment.…
Patients’ Confidentiality Juliet Mpanja Milwaukee Area Technical College Confidentiality is a major requirement in health care. The requirement is for the providers to keep patients personal health information private without releasing it to anybody without their consent from either the patient or the patient’s legal representative. “Beginning in 1893, nurses taking the Nightingale pledge promised to do all in my power to maintain and elevate the standard of my profession, and hold in confidence all personal matters committed to my keeping and all family affairs coming to my knowledge in the practice of my calling” (Claire McGowan, RN,MS,JD, ACNP,CCRN ). In 1996, the Heath Insurance Portability and Accountability Act (HIPPA) was enacted…
I agree with the intent of this article to help ensure a future goal of protected health information. This article influenced me to be much more attentive and conscious, especially while handling patient files! This deeply influenced my beliefs for patient safety. I want to ensure trust and confidence towards patients. I will be able to use this knowledge to improve my future in healthcare by implementing policies and procedures adequately.…
A conflict between a physician and patient on the course of treatment is a common topic that arises in bioethical conversation. This case explores the topic of paternalistic choices dealing with patient autonomy and when it is ethically reasonable for a physician to intervene and decide as to whether an individual is competent to make decisions about their own care. The patient in the case, Mr. Howe was asked to make a lifesaving medical decision while in duress and not fully understanding the procedure and the potential outcome if he refused. In this case I believe the physician made the correct decision to intubate Mr. Howe against his explicit instructions not to. The physician made a determination that the patient was not accurately expressing his wishes as if he was of sound mind.…
The HIPPA privacy rule covers health information that is accustomed or unveiled for investigation reasons. Confidentiality rule also explains that the individual needs to be informed if the research uses their medical information. In concerns to research the rule keeps the privacy of personally identified health evidence, at the same time the researchers will be able to access the medical knowledge needed to conduct the research. The rule works for researches by acquiring, creating, and disclosing individually acknowledged health information. Under the rule, covered individuals are allowed to use and release protected health information for research with individual approval, or without agreement under limited conditions established in the privacy…
Impact on the design of the doctor’s office When the Health Insurance Portability and Accountability act of 1996 was introduce it set forth new rules on how doctors protect the privacy of a patient’s protected health information. The Health Insurance Portability and Accountability act of 1996 made it so that patient charts should not be located in a place where people could easily see them. Doctor’s office had to keep patient charts out of the view of other patients and or visitors. This wasn’t only for patient charts.…
What are the confidentiality rules? The Health and Social Care Information has set five basic rules for confidentiality, they are; 1. The patients and the service users confidential information should he handled carefully and with confidentiality. This can be done by giving importance to maintain trust and respect between the patient and healthcare provider followed with the confidentiality obligations.…
One pillar of society that all people feel or entrust total faith and safety in is the healthcare profession. We blindly put our trust and lives in their hands for all health needs. But, healthcare laws may hinder healthcare workers providing safety to the patient and public by maintaining medical confidentiality that keep medical history private. HIPPA and other state laws may inhibits the healthcare practitioner(s) from forewarning police of possible harm from a patient mentally ill to oneself or others. The article Caring for the Dangerous Patient: Legal and Ethical Considerations provides the correlation of mental illness, mass-shootings, and legal and ethical issues of warning authorities and possible victim(s) of danger.…
HIPAA for Healthcare Providers When patients visit a physician’s office or other medical facility, they can always expect the quality care and confidentiality. However, in present, the number of people who have access to patient information has increased at a rapid rate because of the advent of modern technology, including the Internet, e-mail, fax machines, and computers. It becomes a challenge for medical providers to secure patients’ confidentiality. “In order to address the concern for patients’ privacy, Congress mandated that the Health Insurance Portability and Accountability Act of 1996 (HIPAA) enforce its privacy provision by April 14, 2003.”…
Within the health and social care sector confidentiality is something which should always be respected and maintained. It is a legal obligation which forms part of the duty of care we have towards service users, and is also a requirement within the 'codes of conduct'. It is also often a key feature within employment contracts, which is specifically linked to disciplinary procedures. However, there are certain circumstances in which information will need to be shared with someone else.…
Confidentiality can be described as a set of guidelines and procedures that place boundaries and restrictions on certain types of information. In medicine, the ability to keep a patient's health data private is one of the core responsibilities of a physician. In A Defense of Unqualified Medical Confidentiality, Kenneth Kipnis describes his view of patient privacy as absolute and something that must be upheld without waiver. In his essay, he disagrees with the views of the justice system and its stance in which it suggests confidentiality may be breached in order to ensure the welfare of a third party. He believes that legal and personal standards are not acceptable motivation to break the bond between patient/doctor trust.…