Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Physician patient confidentiality laws
Confidentiality in patient care
Confidentiality in patient care
Don’t take our word for it - see why 10 million students trust us with their essay needs.
The case of Doctor David Acer and his HIV infected patients reads as a question of ethical and legal dilemmas as well as a murder mystery. According to authorities, Dr. Acer either knowingly or unknowingly infected five of his patients with the strain of the AIDS virus he himself was infected with (Altman, 1993). Whether or not Dr. Acer was guilty of intentionally infecting his patients is not able to be answered beyond any reasonable doubt, however the ethical questions it presents merit discussion.
The family of a deceased victim, Miss Kimberly Bergalis, pushed for laws mandating that healthcare workers be tested for AIDS and required to tell patients of positive results (Altman, 1993). I believe this to be an unfounded and unethical request. I personally believe that healthcare workers should be entitled to the same confidentiality rights as other patients. Requiring health care workers to report HIV status to patients, would effectively end their career and livelihood. Imagine if a healthcare provider contracted HIV while treating an infected patient. The time, money, and hard work put into obtaining that career would be all for nothing. If the workers had to tell patients that they had HIV, they would have to tell the employer, and would never get hired. Would it be fair for providers to have the option to refuse treating patients based on HIV status, to protect healthcare workers? It would be considered unethical, and the proposed sanction call for this question. If a healthcare provider practices proper infection control and abides by the principle of nonmaleficence, then no issues should arise. This is an idealist viewpoint. However, it is supported by journalistic investigations of Lawrence Altman of the New York Times. ...
... middle of paper ...
...igher demand for treatments and in the long run saving thousands of lives; doing minimum harm to help the greatest number of people. It is quite likely he is guilty and foul play was involved, but no evidence supports this. Calling him guilty is on par with the theory that the government injected homosexuals with the HIV virus. If presenting unfounded theories, perhaps the case of Dr. Acer was a creation of the government to further press stigmas about the homosexual community. In any case, it remains an unsolved mystery.
References
Altman, L. W. (1993, June 6). AIDS and a Dentist's Secret. New York Times. Retrieved from http://www.nytimes.com/1993/06/06/weekinreview/aids-and-a-dentist-s-secrets.html
Szekely, J. (1994, April 4). A Case of SEXUAL HOMICIDE? Tuscan Citizen. Retrieved from http://tucsoncitizen.com/morgue2/1994/04/04/105840-a-case-of-sexual-homicide/
People trust doctors to save lives. Everyday millions of Americans swallow pills prescribed by doctors to alleviate painful symptoms of conditions they may have. Others entrust their lives to doctors, with full trust that the doctors have the patient’s best interests in mind. In cases such as the Tuskegee Syphilis Experiment, the Crownsville Hospital of the Negro Insane, and Joseph Mengele’s Research, doctors did not take care of the patients but instead focused on their self-interest. Rebecca Skloot, in her contemporary nonfiction novel The Immortal Life of Henrietta Lacks, uses logos to reveal corruption in the medical field in order to protect individuals in the future.
Those who were affected by the testing in hospitals, prisons, and mental health institutions were the patients/inmates as well as their families, Henrietta Lacks, the doctors performing the research and procedures, the actual institutions in which research was being held, and the human/health sciences field as a whole. Many ethical principles can be applied to these dilemmas: Reliance on Scientific Knowledge (1.01), Boundaries of Competence (1.02), Integrity (1.04), Professional and Scientific Relationships (1.05), Exploitative Relationships (1.07, a), Responsibility (2.02), Rights and Prerogatives of Clients (2.05), Maintaining Confidentiality (2.06), Maintaining Records (2.07), Disclosures (2.08), Treatment/Intervention Efficacy (2.09), Involving Clients in Planning and Consent (4.02), Promoting an Ethical Culture (7.01), Ethical Violations by Others and Risk of Harm (7.02), Avoiding False or Deceptive Statements (8.01), Conforming with Laws and Regulations (9.01), Characteristics of Responsible Research (9.02), Informed Consent (9.03), and Using Confidential Information for Didactic or Instructive Purposes (9.04), and Debriefing (9.05). These particular dilemmas were not really handled until much later when laws were passed that regulated the way human subjects could be used for research. Patients
Ethical violations committed on underprivileged populations first surfaced close to 50 years ago with the discovery of the Tuskegee project. The location, a small rural town in Arkansas, and the population, consisting of black males with syphilis, would become a startling example of research gone wrong. The participants of the study were denied the available treatment in order further the goal of the research, a clear violation of the Belmont Report principle of beneficence. This same problem faces researchers today who looking for an intervention in the vertical transmission of HIV in Africa, as there is an effective protocol in industrialized nations, yet they chose to use a placebo-contro...
Buckman, Adam. “Following Footsteps of a Killer.” New York Post (Nov. 2002): 124: Proquest. Web. 28 Feb. 2014
According to Pennsylvania law, “Disclosure of HIV status is a defense against persecution for sero-discordant sexual activity under the Reckless Endangerment statute” (AIDS Law Project of Pennsylvania, 2012, p. 2).... ... middle of paper ... ... In P. Beemsterboer, Ethics and Law in Dental Hygiene (pp. 1).
The case of Marguerite M presents an ethical dilemma. Medical ethics play a special role in medicine and is directly concerned with its practice. Its role has continued to evolve as changes develop in
Furthermore, these doctors had no legal or ethical codes to conduct experimentations or research on African Americans. For example, during 1998, “172 employees, all but one of them black, sued Lawrence Berkeley Laboratory when they learned that they had secretly been tested for syphilis, pregnancy, and sickle-cell trait without their knowledge that the blood and urine they had supplied during required physical examinations would be tested…” (314). This indicates that there was no consent from these blacks and scientists where secretively testing immunities for sickle-cell on them without any permission whatsoever. The release of this experiment was against the Americans with Disabilities Act and these researchers had no right to release information without the patient’s consent. Furthermore, experiments that had no patient’s consent varied from blisters “to see how deep black skin went” to threatening surgeries, sterilization, inoculations, and not tested pharmaceuticals (54). Without consent, all experiments are considered as unethical. A patient’s consent is important because it is huge determination of privacy and respecting the patient’s wishes. Without any consent, it is indicating that patient’s do not have rights about their own privacy, which was against the law during colonial times and in present days. Some ethical guidelines include the right to withdraw from the study
During a pandemic in India, a doctor did exploits and was praised by other team members as Fink narrates: “Colleagues credited her quick thinking with saving lives” (p.472). The respect for the person and his or her dignity is at the core of the nursing practice. The registered nurse, as a member of the discipline of nursing should always remember before any action, this strong ethical piece: First, do no harm.
Carl Zimmer the guest speaker of this broadcast states that in 1981 doctors described for the first time a new disease, a new syndrome which affected mostly homosexual men. The young men in Los Angeles were dying and the number of cases was growing faster and faster. The number of deaths was increasing from eighty to six hundred and twenty five in just the first few months. After the first few cases in LA, AIDS was declared to be one of the deadliest pandemics the world had ever seen after the plague in the Middle Ages.
Spink, Gemma. "AIDS." AVERTing HIV and AIDS. 23 Dec 2009. Web. 11 Jan 2010. .
Johnson, Jason B. “ Slain Teen’s family: Cops eyeing 7-10 suspects.” Boston Herald. 7 ,April 1995
One day while doing his job, a physician used a used swab that was possibly infected with HIV on another patient. When looked at by certain people, the doctor did the correct thing by telling his patient that he roused a swab on him/her. However, the chances of this patient getting HIV was substantially low, and he should have waited for the patient to develop symptoms, which would have been rare, before telling the truth. As stated by Michael Greenberg, “he might have done better by keeping his mouth shut.” If the doctor did lie, he could have lied to protect himself, the quality of life of the patient, and his ability to help others with their lives. If he had not told the patient that he used the swab on him/her, he/she would not have had to live in fear of getting HIV. Because of this decision of truth telling, the doctor lost his job, money, confidence, and also affected someone’s quality of life.
Justice in the ethical analysis is aimed at the patients right to fair treatment (Arnold & Boggs-Underman, 2011). Only about 15 percent of drug users are in treatment and most of the societies lack residential or outpatient treatment. Individuals that do not have insurance have to wait longer periods of time for admission to a treatment program. The society is not doing much in founding the drug treatments NEPs have only $2,500 per year to spend while hospitals spend $33,000 a year for inpatient and outpatient treatment for individuals with AIDS (Loue, Lurie & Lloyd, 1995).
McGee, Glenn and Arthur L. Caplan. "Medical Ethics." Microsoft® Encarta® 98 Encyclopedia. © 1993-1997: Microsoft Corporation. CD-ROM.
The emergence of HIV/AIDS is viewed globally as one of the most serious health and developmental challenges our society faces today. Being a lentivirus, HIV slowly replicates over time, attacking and wearing down the human immune system subsequently leading to AIDS (Acquired Immunodeficiency Syndrome) at which point the affected individual is exposed to life threatening illnesses and eventual death. Despite the fact that a few instances of this disease have been accounted for in all parts of the world, a high rate of the aforementioned living with HIV are situated in either low or medium wage procuring nations. The Sub-Saharan region Africa is recognized as the geographic region most afflicted by the pandemic. In previous years, people living with HIV or at risk of getting infected did not have enough access to prevention, care and treatment neither were they properly sensitized about the disease. These days, awareness and accessibility to all the mentioned (preventive methods, care etc.) has risen dramatically due to several global responses to the epidemic. An estimated half of newly infected people are among those under age 25(The Global HIV/AIDS Epidemic). It hits hard as it has no visible symptoms and can go a long time without being diagnosed until one is tested or before it is too late to manage.