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Privacy and confidentiality in healthcare
Privacy and confidentiality in healthcare
Patient doctor confidentiality
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Introduction
Our law enforcement officials have a duty to protect citizens as well as discourage crimes from taking place. Our health care officials also have a duty to provide the best care possible to those who need it. Often enough, there have been many cases where both parties have come in contrast with each other on different levels of professionalism. The ultimate debate arises when doctors and law enforcement take into account the respect and privacy of patients. One of the issues that will be discussed in the paper focuses on the importance of doctors having to report gunshot wounds to the police. Many issues of ethics and morality come into play when judging which party is in favor. In our opinion, we believe that physicians should
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In the case of a gunshot wound, the person being reported may or may not pose a risk to the public. There is no clear intervention that can be undertaken to mitigate or eliminate this undefined, and probably indefinable, risk. In other words, it would only be fair to disclose any of the confidential information when the need for maintenance of confidentiality is outweighed by a reasonable concern for public safety.
We can look at article 20.5 of the Professional Code, which states that:
… May not divulge facts or confidences which have come to his personal attention, except when the patient or the law authorizes him to do so, or when there are compelling and just grounds related to the health or safety of the patients or of others…”
By addressing this statement, we can divulge the importance by law, of disclosing such relevant information to the police. Similarly, the Professional Code of Physicians states a set of articles (21.4 to 21.7) whereby if the victim, for any reason was a witness
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Ontario recently created a bill that would require hospitals to report anyone treated for gunshot wounds. The government believes that this bill will make a safer community. The McGuinty government is making Ontario communities safer by introducing legislation that would make it mandatory for hospitals to report to police whenever they treat someone for a gunshot wound. According to the chief of police, “Guns pose a unique threat to the safety of our communities.” Statistics for 2002/2003 reveal that of the 196 cases admitted to Ontario hospitals for injuries resulting from firearms, 96 were the result of assault, 69 were accidental and 31 were
The Lewis Blackman Case: Ethics, Law, and Implications for the Future Medical errors in decision making that result in harm or death are tragic and costly to the families affected. There are also negative impacts to the medical providers and the associated institutions (Wu, 2000). Patient safety is a cornerstone of higher-quality health care and nurses serve as a communication link in all settings which is critical in surveillance and coordination to reduce adverse outcomes (Mitchell, 2008). The Lewis Blackman Case 1 of 1 point accrued
According to Terrence F. Ackerman, as of the 1980s the American Medical Association had to include the respect for a person’s autonomy as a principle of medical ethics (Ackerman 14, 1982). This includes having the physician provide all the medical information to the patient even if the information could cause negative implication onto the patient. The physician is also expected to withhold all information of the patient from 3rd parties (Ackerman 14, 1982). Although it is seen as standard in today’s world, in
Health Care workers are constantly faced with legal and ethical issues every day during the course of their work. It is important that the health care workers have a clear understanding of these legal and ethical issues that they will face (1). In the case study analysed key legal and ethical issues arise during the initial decision-making of the incident, when the second ambulance crew arrived, throughout the treatment and during the transfer of patient to the hospital. The ethical issues in this case can be described as what the paramedic believes is the right thing to do for the patient and the legal issues control what the law describes that the paramedic should do in this situation (2, 3). It is therefore important that paramedics also
There are many legal and ethical issues when discussing the topic of physician-assisted suicide (PAS). The legal issues are those regarding numerous court cases over the past few decades, the debate over how the 14th Amendment of the United States Constitution comes into play, and the legalization vs. illegalization of this practice. The 14th Amendment states, “nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws” (U.S. Const. amend. XIV, §1). PAS in the past has been upheld as illegal due to the Equal Protection Clause of the 14th amendment of the constitution, but in recent years this same 14th amendment is also part of the reasoning for legalizing PAS, “nor shall any State deprive any person of…liberty” (U.S. Const. amend. XIV, §1). The ethical issues surrounding this topic include a patient’s autonomy and dignity and if PAS should be legalized everywhere. This paper is an analysis of the PAS debate and explores these different issues using a specific case that went to the supreme courts called Washington et al. v. Glucksberg et al.
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.
Background - Mark who was a 29 year old Tottenham resident was shot and killed by police in his own town on 4/08/2011. The Met police said that they were attempting to arrest Mark because they suspected he was planning an attack and he was in possession of a handgun. He died from a shot that was fired into his chest. This situation led to riots throughout the whole of England. The IPCC opened an investigation into this.
All workplaces and organisations need confidentiality policy in every health and social care sector, and the confidentiality procedures needs to be followed carefully to keep the person’s health position safe from unlawful people that can humiliate the person and they may lose their own self-respect. The only times that confidentiality shouldn’t be followed when someone who can self-harm, may not tell any kind of harm that has happened to them, and when they may be threatened by someone.
Roger Higgs, in “On Telling Patients the Truth” supplies commonly used arguments for paternalistic deception. For the purposes of this paper, paternalism will be defined as, “interference with one’s autonomy or self determination for their own good.” The first argument for paternalistic deception is founded on the idea that medicine is a technical subject where there are very few guarantees (613). Thus, Higgs supplies the argument that not only is it impossible for a patient to understand the true breadth of their diagnosis and prognosis, but additionally that medical predictions are not medical truths. The second argument for paternalistic deception comes from the belief that patients do not actually want to know the truth about their condition, and could suffer from worse health outcomes if they are told the truth (614, 615).
Should doctors tell the truth to their patients? How much information should the patient know about a certain ill or operation? These controversial questions are asked more frequently in our society. Patients nowadays,. are very sensitive to certain diseases more than before. This paper argues against telling the truth in doctor-patient relationship. Not by defending the idea directly but, by presenting first how truth can be harmful to the patient and by giving Higgs’ objection to it, then by giving my own objection to Higgs’ argument.
Physician-assisted suicide refers to the physician acting indirectly in the death of the patient -- providing the means for death. The ethics of PAS is a continually debated topic. The range of arguments in support and opposition of PAS are vast. Justice, compassion, the moral irrelevance of the difference between killing and letting die, individual liberty are many arguments for PAS. The distinction between killing and letting die, sanctity of life, "do no harm" principle of medicine, and the potential for abuse are some of the arguments in favor of making PAS illegal. However, self-determination, and ultimately respect for autonomy are relied on heavily as principle arguments in the PAS issue.
Policing relies on the public trust, police legitimacy and accountability, which can be destroyed by unjustifiable police shootings (Squires and Kennninson, 2010). Within this country, there is a recognition that the police do not always adhere to the rule of law (Newburn and Reiner, 2012: 809), which has led to consistent public outrage at the lack of effectiveness and legitimacy the police has maintained. Therefore the deliberate decision to enforce police to attend to the streets unarmed was employed to reassure the public that the police were not to be feared (Waddington and Wright, 2010). Ultimately, concerns derive from the belief that the police are completely ineffective when dealing with gun crimes (Farrell, 1992: 20). However, whilst arming police with guns can act as a protector when on duty it can also cause an increase in police misconduct. This issue will be discussed throughout this essay.
In conclusion, every patient is worried about their rights to care but not so much are focused on the rights of the physicians providing the care. It is hard to establish a respectable practice if you are required to perform care for instances in which you object or do not want to be a part of. This detracts from the ethical background of practice and procedure every physician should hold to the highest standard.
However, there are some cases that professionals have to rely on the Law. The Law is different from moral principles and Code of Ethics and its focus is on the legal perspective to protect the professional. The Law is defined by Remley and Herlihy (2010) as “general or specific regarding both what is required and what is allowed of individuals who from a governmental entity” (p.4). One major example is the Tarasoff and the Duty to Protect which is a law that was created after the case that happened with a university student, Tatiana Tarasoff and her boyfriend. Tarasoff’s parents sue the psychotherapists alleging that the professionals should have warned the student. Because of this case, the law raised a major concern that the confidentiality that professionals should follow according to the ACA and AMHCA Code of Ethics has to be broken when there is an issue that can affect a third party in the situation. Like the AMHCA refers to confidentiality as “a right granted to all clients of mental health counseling services. From the onset of the counseling relationship, mental health counselors inform clients of these rights inclu...
The healthcare industry consists of a broad expanse of careers, all requiring a strong use of ethics. As technology advances and businesses struggle to stay atop technological forefront, they must also increase the security of patient files. Medical offices have upgraded, for the most part, from paper charting to electronical. While growth and change is inevitable, the safety of patient confidentiality is top priority. Within this paper, the necessity and application of ethics in healthcare will be studied.
There is a great importance and focus in modelling a contemporary nurse. The framework for improving this focus is accountability with three main areas: professional, ethical, legal. They all cross over and interlink with each other in many of the topics that are raised within the profession. The approach of the framework were inevitable to reduces to blame and defensive nursing attitude. This attitude can lead to nurses believing accountability is the same as blaming a professional however it is conversely nurses making decisions for individuals and engaging to improve better health outcomes. The topic around this contemporary approach is confidentiality and broken into the principles of the approach.