There are many complex issues regarding confidentiality and the right to privacy in the modern health care system. It is the duty of physicians, nurses, and others to maintain classified information about their patients’ private health unless they agree to disclosure. Confidentiality is important because it builds trust between patients and physicians; without trust, the practice of medicine would not be possible. A break in confidentiality infringes a person’s rights and can expose patients to discrimination from employers and insurance companies, destroy their personal relationships, and leave them feeling ashamed and embarrassed by society. Given modern technology, databases, the Internet, and growing dependence on modern technology and computers, protecting an individual’s right to privacy and keeping their records confidential has become an extreme challenge. A person should have a right to privacy and has the power to control who may have access and use of their personal information. However, when is it acceptable for a physician to violate a person’s right to confidentiality and privacy?
In this case study, the physician is faced with making an ethical decision between protecting patient confidentiality and the duty to warn. He has to decide on whether to breach confidentiality and warn Consuela about Carlos’ HIV-positive status and her risk of becoming infected or protect patient confidentiality with Carlos. Since Consuela will be in close
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Conclusively, I think the physician should make Carlos choose between: Carlos can agree to allow Consuela to be his nurse, however, he would be required to inform her of his HIV-positive status; or request the doctor to inform her. The other decision would be for Carlos and the physician not to tell her and then do without Consuela’s nursing care. It would not be right to allow Consuela to be deceived and put her health at
Privacy is of the utmost importance within a medical practice, ethically a patient’s privacy is very important as a medical record contains information regarding a patient’s health. According to
This describes the issue of violation of privacy to access personal information from medical records. The professional health workers took Henrietta’s cells from her cervical area, utilizing her body for the sake of science. It was violation and a crime. Because of these issues, it has raised the concern about hospital administrators following privacy protocol to this day. This should not have been done by medical staff, especially professionals to keep her information confidential, with no public access to her records.
The walls in the office of healthcare providers are made sound proof by the Health Insurance Portability and Accountability Act (HIPPA). Sound proof meaning that each patient’s healthcare information can only be shared between the provider and the patient; their information is required to remain confidential by law. In 1996, HIPPA was passed by congress; the act included regulations that would help to protect patient privacy and health information (Petersen, 2001). After reading the novel, “The Immortal Life of Henrietta Lacks” by Rebecca Skloot one may be appalled and think that what occurs in the novel is a complete violation of HIPPA. But, the time frame needs to be taken into consideration.
Sofia’s Case Study”), withholding seemingly necessary and vital information from a patient is in fact ethical. However, this might be one of the rarer cases in medical ethics. The
The Health Insurance Portability and Accountability Act (HIPAA) is a vital part of the health care industry’s day to day business. HIPAAs procedures define how healthcare companies receive and handle their clients’ health care information. HIPAA helps to protect the patient’s personal information through confidentiality and security procedures while being transferred, handled or shared with other healthcare providers (Modifications to the HIPAA Privacy, Security, Enforcement, and Breach Notification Rules, 2013). When a patient’s privacy is not regulated, third parties could buy and sell the information without the patients’ authorization. With HIPAA being in place, it prevents healthcare employees from divulging any patient information they
Healthcare providers and organizations are obligated and bound to protect patient confidentiality by laws and regulations. Patient information may only be disclosed to those directly involved in the patient’s care or those the patient identifies as able to receive the information. The HIPAA Act of 1996 is the federal law mandating healthcare organizations and clinicians to safeguard patient’s medical information. This law corresponds with the Health Information Technology for Economic and Clinical Health Act to include security standards for protecting electronic health information. The healthcare organization is legally responsible for establishing procedures to prevent data
Theses steps are imperative to maintaining the patient’s privacy. When disclosing
Confidentiality and data breaches are a few of the main concerns, as many providers become neglectful when sharing patient electronic health information. Current use of Electronic Health Records (EHR) has proven to be helpful for hospitals and independent medical practice to provide efficient care for patients. Balestra reports that using computers to maintain patient health records and care reduces errors, and advances in health information technology are saving lives and reducing cost (Balestra, 2017). As technology advances EHR are going to continue to be the main method of record keeping among medical providers. Therefore, staff and medical providers need to be trained on how to properly share patients EHR safely and in a secure form in order to maintain patient confidentiality.
HIPAA’s existence constituted as a necessary health care reform. This particular healthcare reform empowered patients by giving them more control and say over the handling of medical records. The HIPAA law also reshaped how health care providers handled patients’ medical records, especially concerning patient privacy (IHS, n.d.). Under the HIPAA law, the privacy rule includes the “national standards” that health care organizations must
By communicating effectively and sharing information, practitioners can ensure that the individual receives a coordinated and comprehensive care. Confidentiality is maintained by respecting the privacy of individuals, not sharing their personal information without their consent and ensuring that all records are kept securely. This is important to protect the rights of individuals and maintain
A moral dilemma that arises in a doctor-patient relationship is whether or not the doctor should always tell their patient the truth about their health. Although withholding information was a common practice in the past, in today’s world, patient autonomy is more important than paternalism. Many still are asking if it is ever morally permissible for a doctor to lie to a patient, though. David C. Thomasma writes that truth-telling is important as a right, a utility, and a kindness, but other values may be more important in certain instances. The truth is a right because respect for the person demands it.
This edit may be resource intensive. The most concerning issue is the ability of the patient to restrict access to the medical record. These restrictions may interfere with safe medical care. The heath care provider may have their decision making compromised by the non-disclosure. If the patient requires a surrogate decision maker, limiting medical information may preclude the ability to make an informed decision.
If we as nurses respect the confidentiality of a patient, we should do so for all the patients. However, Griffith (2007) argues that the duty of confidence should not be absolute and nurses should always consider sharing information if required. Though the principle of respecting patient autonomy and their right to confidentiality is broken here, the principle of beneficence and non-maleficence is uphold. Nurses have an obligation to protect patient’s confidentiality but the duty to warn an innocent party of imminent harm is far more critical. Therefore, breaking confidentiality here is potentially doing more good than
Everything in the realm of medicine deals with the topic of confidentiality. The medical definition of confidentiality is, “The right of
The practice of health care includes many scenarios that have to do with making adequate decisions when it comes to a patient’s life, and the way they are treated. Having an ethical code in all health care organizations is very important, because it helps health care workers with reaching a suited and ethical decision when it comes to the patient. In health care, patient will always be put first, and their autonomy will always be respected. Nevertheless, when there is a situation where a patient might be in harm, or might be making their condition worse because of the decisions they made. Health care workers will always be there to