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Ethical dilemmas in health and social care regarding confidentiality
Principle of Confidentiality in Medical Practice
Importance of professional secrecy in medical practice
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Final Project
AIDS Doctors/Patient and Ethics of Confidentiality
The death of a doctor: Benny Waxman died of AIDS. Why won’t GW hospital tell his patients? (George Washington University Hospital)
Source: Regardi’s (0279-5965) Mundy, Alicia
Yr: 1991 vol: 11 iss: 8 pf: 36 Doctor Benny Waxman was a found to be an AIDS victim in 1991, he was a surgeon who practiced medicine but did not tell his patients he had AIDS. He died in 2012. After his death some people argue that his patient’s hold be told and others say that the surgeons AIDS status should not be disclosed to those he gave medical care. Should a patient disclose his/her AIDS status to the treating phasician, should the provider disclose his AIDS status to his patients? HIPPA privacy
One of the most complex, ever-changing careers is the medical field. Physicians are not only faced with medical challenges, but also with ethical ones. In “Respect for Patients, Physicians, and the Truth”, by Susan Cullen and Margaret Klein, they discuss to great extent the complicated dilemmas physicians encounter during their practice. In their publication, Cullen and Klein discuss the pros and cons of disclosing the medical diagnosis (identifying the nature or cause of the disease), and the prognosis (the end result after treating the condition). But this subject is not easily regulated nor are there guidelines to follow. One example that clearly illustrates the ambiguity of the subject is when a patient is diagnosed with a serious, life-threatening
This case presents a very delicate situation that presents many legal and ethical questions. Do you tell your brother his partner has HIV? I would tell my brother, but the how and when, may vary based on circumstance. From a professional ethical standpoint, it would be unethical to disclose the patient’s HIV status without consent. It would violate the patient’s right to confidentiality, as it is the patient’s choice whom information may be shared with (Beemsterboer, 2010, p. 50). It could also be argued that it is a violation of the principle of nonmaleficence. By providing the patient’s HIV status to people unbound by HIPAA, you are putting the patient at risk of discrimination. This could cause mental anguish or psychological issues, therefore, in essence, inflicting harm on the patient. The most valued application of nonmaleficence is, “One ought to not inflict harm” (Beemsterboer, 2010, p. 42). This would outweigh the ethical argument that you are also preventing harm to your brother, another less important application of nonmaleficence (Beemsterboer, 2010, p. 42). There is one professional ethical principle that I would argue was being applied. This being the principle of paternalism, stating that healthcare providers should do what they deem best for the patient according to their ability and judgment (Beemsterboer, 2010, p. 47). If the patient had a sexual encounter with the brother, and did not inform him of her HIV status, she may be arrested for reckless endangerment according to Pennsylvania law. A case where an HIV-positive person did not disclose their status to their sexual partner was brought before the Pennsylvania Superior Court. According to Pennsylvania law, “Disclosure of HIV status is a defense ag...
Confidentiality is a major topic within care environments. When it comes to deciding what information is shared and who it is shared amongst can be difficult. Confidential information, is information that is ‘not to be told to anyone’ (The Open University, 2015, p. 58). Information that is sensitive or not publicly known is confidential, also if information is given by a person who is in a setting where confidentially is expected then that information should remain private and not shared with others. It can be very difficult for a staff member to find the balance between knowing what information is confidential and appropriate information that needs to be shared between the staff team.
Which is very important for nurses or any medical professional to do in the healthcare profession. Nurses are receiving these patients in their most vulnerable state, nurses are exposed and trusted with the patients’ information to further assist them on providing optimum treatment. Keeping patient’s information private goes back to not just doing what’s morally right but also it also builds that nurse – patient relationship as well. We also have provision three that specifically taps on this issue as well, as it states: “The nurse seeks to protect the health, safety, and rights of patient.” (Nurses Code of Ethics,
When confidential patient information is disclosed without consent it is a violation of the HIPAA Title II Security Rule. This rule was enacted in response to private information being leaked to the news and emails containing privileged information were read by unauthorized people. Identity theft is a real concern so patient privacy should be taken seriously. This is a rule can easily be broken without the offender feeling any malice towards the victim for example gossip and curiosity. Gossip in a medical office can have devastating effects on a health care facility’s reputation. Employees engaging in idle chatter to pass the time can inadvertently be overheard by patients or family members. Simply not using the patient’s name may not be enough if the person overhearing the conversation sees the resemblance. Professional behavior should be exercised at all times and juvenile behavior such as spreading gossip, has no place in a business that relies on its credibility. This rule will impact the way patient medical records are handled because we know the seriousness of it. Hospitals that don’t enforce HIPAA rules will have negative repercussions. The patient can have irreversible damage done to their view on the medical field and that hospital if their information is not treated with care. They may even feel so violated that they bring litigation against the hospital.
People are afraid to admit to themselves and others that they need to help to
In the modern era, the use of computer technology is very important. Back in the day people only used handwriting on the pieces of paper to save all documents, either in general documents or medical records. Now this medical field is using a computer to kept all medical records or other personnel info. Patient's records may be maintained on databases, so that quick searches can be made. But, even if the computer is very important, the facility must remain always in control all the information they store in a computer. This is because to avoid individuals who do not have a right to the patient's information.
In my ethics class, I was taught on different principles regarding to decision-making. Nursing school has taught me different issues that I can face in my career. One of the biggest ethics issues I learned about is patient confidentiality. We will never disclose any information to unauthorized personnel without patient consent. We have an ethical obligation to patient confidentiality and not to breech this. In clinical and class, while we discuss our patient, we do not use any of the patient’s names. When we talk about our patient, we do it in a close private room and not in the hallway where everyone can hear. As a graduate professional nurse, I need to be aware of patient confidentiality and other ethic issue in order to maintain the
I believe everyone should have the right to know what is going on with parts of them because they are part of them. Informed consent was not taken seriously in the past but as more people started to realize how harmful it can be for patients to not be informed of risks and what the results of their procedures or tests would be used for, it began to improve and even though the process still isn’t at the best of its ability, I do believe it can get there in the future if people suggest what they think should be changed to improve it to the heads of the health departments in the U.S.
...y is not absolute and that the disclosure and justification of some individuals cases can potentially be successful. Moreover the person who disclosed the information will always be the person under scrutiny of the common law. Professionally, if the health care worker adhere to the policy it offers much protection for the topic of confidentiality and the correct attitude to retain information correctly.
There are many ethical and legal issues regarding the disclosure of HIV status in Australia, specifically before engagement in a sexual relationship. These issues are investigated in a variety of articles and reports, including “The paradox of public HIV disclosure” (Paxton, 2002), which analyses the multifaceted benefits of disclosure in relation to social, psychological and physical health. Incongruently, alternate articles such as, “Disclosure of HIV-positive status among people from minority ethnic communities in Sydney” (Korner, 2007), assess the social risks for those who disclose their HIV status, investigating the negative impact disclosure may have on an individual’s health. Additionally, “The problem with Section 79: the call to amend HIV disclosure laws in NSW” (Harlum, 2016) and “Should it be illegal for HIV-positive persons to have unprotected sex without disclosure?” (Horvath, 2010) examine the legal aspects of HIV disclosure through a thorough evaluation of the laws regarding it, while assessing the outcome of the implementation of these laws. Although it is acknowledged that the social stigma surrounding HIV causes substantial social risks for those who disclose their HIV status, the benefits of disclosure must also be considered in order to determine whether or not laws should be put in place to make disclosure a requirement prior to engagement in a sexual relationship. This essay argues that there is an insignificant need for laws regarding disclosure of HIV status to sexual partners.
Leonard Fleck, a commentator, argues in favor of Carlos, a twenty-one year old homosexual, Hispanic male, not telling his older sister Consuela about him being HIV positive in order for her to care for him. The first commentator’s thesis argues that Carlos’s physician does not have to disclose that Carlos is HIV positive, because no major harm will come to Consuela, there are other option so Carlos could keep his other illness covert, and if breach does happen then it could lead to Carlos being ostracized or even not being cared for. The second commentator, Marcia Angell, argues that Consuela has the right to know that Carlos’s is HIV positive, because she would be deceived, pressured to provide nursing care by the hospital, and exploited by the hospital. Leonard Fleck and Marcia Angell both have compelling arguments; however, I agree more with well-supported Fleck’s arguments and conclusion while Marcia Angell arguments and conclusion are idealistic rather than concrete.
Disclosure of pertinent medical facts and alternative course of treatment should not be overlooked by the physician in the decision making process. This is very important information impacting whether that patient will go along with the recommended treatment. The right to informed consent did not become a judicial issue ...
Laws and regulations state there are no exceptions to disclosing information of a patient without consent. If a patient gives consent to a family member the healthcare provider may devise a code to give family members so they may confirm their identity.
The sixth ethical issue arises when the client is denied access to his medical chart. Currently, HIPPA (2006) grants clients access to their medical records. An exception to this is if the information contained within the medical records is “reasonably likely” to cause harm to the client (HIPPA, 2006; APA, 2002). The records were unlikely to cause harm to the patient and, therefore, the client should have had access to them.