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Confidentiality laws for doctors
Doctor patient confidentiality law
Patient doctor confidentiality
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Abstract
This report explores Breaching Trust in Medicine and more specifically Doctor-Patient Confidentiality. We will discuss the parameters of confidentiality in medical practice, including how it is defined and why it is essential for the both the heath of the patient and the public health. We will evaluate how breaches of confidentiality are regulated, looking at particular cases as well as the circumstances where doctors can divulge patient information.
Introduction
Trust is a vital part of the doctor patient relationship. Physician trust has great implications because it is needed for the effective care of a single patient as well as for the general health of the public. Due to the sensitivity of information provided to doctors, confidentiality
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According to the GMC, confidentiality allows effective communication in the physician-patient relationship. The disclosure of appropriate information is vital if safe, effective care if to be provided to the patient and the general public. A lack of confidentiality may hinder a patient’s willingness to provide information or even seek medical attention (GMC, 2009.) This is reiterated by Mary Jo Ludwig and Wylie Burkie (2013) who additionally propose that through maintaining confidentiality, the physician shows respect for the patient’s autonomy. The significance of confidentiality in relation to privacy extends to the Universal Declaration of Human Rights which was adopted in 1964. Article twelve states that “No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.” Different methodologies have been used to support patient confidentiality and these are explored by Donnie J. Self (2011). Self observes how the constitution of the United States of America dictates the necessity of privacy. He also observes how biblical scriptures such as Proverbs 25:9 and Ecclesiastes 3:7 have been used to further validate confidentiality in …show more content…
Although medicine is a field that is constantly evolving and we have obtained a vast amount of knowledge since Hippocrates’ era, it is telling to see that confidentiality is consistently valued in the care for patients. Beauchamp and Childress highlight the need for consent to divulge patient information. This shows how confidentiality promotes the autonomy of the patient, thus promoting a patient centered model where the patient holds power in the physician-patient relationship. This is a point that is further stressed by Ludwig and Burkie. The GMC includes the importance of confidentiality in maintaining the trust that both patients and the public have for doctors. This is vital for public heath because a general mistrust for doctors can form a culture where individuals refrain from seeking medical advice. This could potentially increase the prevalence of disease and mortality rates. It is seen that various methodologies indirectly support the concept of confidentiality, implying that its ethical basis is principally inarguable. In the UK patient privacy is enforced by the law and the two aforementioned cases demonstrate the severe consequences that can ensue when health professionals breach confidentiality. In both cases there was an elaborate procedure following the breach which evaluated the situation and decided the punishment. It necessary to have such
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
A basic definition of confidentiality is that information about a patient is not discussed openly (Edge and Groves, 2007). This ethical principle became an issue when the government gave medical facilities lists of people who were in the study. Again, the patients were not informed that they would not be able to
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.
Disclosure is an essential aspect of a medical professional and his or her patients’ relationships. In the 1950s, the medical client and professional relationship was one of paternalism as opposed to the now fiduciary relationship. Then a paternalistic professional took all of the responsibilities, disclosed what he then thought was necessary, and essentially told the patien...
Disclosing confidential patient information without patient consent can happen in the health care field quite often and is the basis for many cases brought against health care facilities. There are many ways confidential information gets into the wrong hands and this paper explores some of those ways and how that can be prevented.
This paper will examine This paper will examine the Confidentiality and Doctor Patient Relationship .In the rules of law and ethics that information between the doctor and patient should stray confidential the physician should not leak confidential information that the patient did not want this information revealed to others, confidential between the patient and the doctor is very important. It is based on trust and if these are the information were not protected will cease to trust in the doctor-patient relationship would be diminished. Patients should be informed about the information being held about to them, why and how they may be shared, and who may be shared with
Trust is identified with a variety of settings and applications. Trust is regarded as the foundation of any therapeutic relationship, and an essential element of nurse–patient relationships. The concept applies to nurses in professional settings as it is considered inherent in the relationship between a nurse and their patient, (Britcher, 1999) and the patients’ family. A clear definition of what constitutes trust is difficult to find in the literature, and various concepts are viewed from the perspectives of the nurse-patient relationship, the nurse's work environment, and contexts from other disciplines. The dual perspectives of trust as process and outcome are adopted, and their relationship to measurement of the construct is identified. The concept is examined to determine if differences in its ...
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.
Every patient that is admitted to hospital, or seen by a health professional has a right to his or her own privacy, and it is through ensuring professional boundaries are upheld that this basic right can be achieved. According to Levett-Jones and Bourgeois (2011, pp. 237) confidentiality is an obligation made by a professional to respect the information given by a patient to healthcare professional. In this modern age, privacy can be hard as society relies on technology as a form of communication, allowing for information to be more readily available. However, by posting on Facebook about a patient or informing a friend, the trust created in a therapeutic relationship is breach and is called a boundary crossing. Thompson (2010, pp.26) understands that “At times, boundary crossing may be unintentional, but emphasizes th...
Patient confidentiality is one of the foundations to the medical practice. Patients arrive at hospitals seeking treatment believing that all personal information will remain between themselves and the medical staff. In order to assure patients privacy, confidentiality policies were established. However, a confidentiality policy may be broken only in the case the medical staff believes that the patient is a danger to themselves or to others in society. Thesis Statement: The ethics underlying patient confidentiality is periodically questioned in our society due to circumstances that abruptly occur leaving health professionals to decide between right and wrong.
The Health Insurance Portability and Accountability Act (HIPAA), Patient Safety and Quality Improvement Act (PSQIA), Confidential Information and Statistical Efficiency Act (CIPSEA), and the Freedom of Information Act all provide legal protection under many laws. It also involves ethical protection. The patient must be able to completely trust the healthcare provider by having confidence that their information is kept safe and not disclosed without their consent. Disclosing any information to the public could be humiliating for them. Patient information that is protected includes all medical and personal information related to their medical records, medical treatments, payment records, date of birth, gender, and
Doctor patient confidentiality, is a fundamental element of the practice of medicine. Patients can expect that doctors and their support staff will hold confidential information about them in confidence, unless the release of the information is required by law or for public interest reasons. Ensuring confidentiality is retained allows doctors to examine their patients and receive all relevant information about their condition without a worry of judgement or sharing of the information.
Particularly in medical and nursing settings, privacy is recognized as a basic human right. Should be noted, it’s essentially complex and vague to define while being reviewed. It’s defined in the context of four aspects [solitude, intimacy, anonymity and reserve] but overall recognized in two forms; autonomy and confidentiality. Little attention paid to privacy patients in many medical centers. It’s essential to observe privacy, to establish an effective medical team-patients relationship; patient serenity. Today, with technology available, observing privacy and confidentiality should be more acute. Patient satisfaction levels have been identified as major indicators of quality of care and are influenced by a range of factors (Nayeri & Aghajani, 2010).
Individual privacy and confidentiality play a role in both research and clinical health care settings. In each instance, standards and expectations put in place by researchers and health care practitioners to follow to protect patients and research participants while interacting with them. The evolving health care system and convergence of research and treatment protocols to create learning health care systems (LHCS) are creating the need to look at patient confidentiality and privacy differently to protect them and their information.
Patients have a right to information about their health and treatment. However, a doctor may be compelled to not tell everything to a patient if