According to the laws concerning HIPAA where it pertains to serving and protecting patients’ rights, HIPAA is put into place to protect patient rights by not allowing any medical professional to discuss a patients prognosis, symptoms or any other specifics regarding their care with another individual not directly involved with their case. Because of this, a patient’s identity and confidential information is kept that way. Violations are punishable by law.…
The Brewster v. University Hospital is a case that deals with informed consent, in this case the plaintiff seemed to be wronged in the sense that their child was not given the best opportunity for a full recovery. The defendant, however, believes no wrong has been done since the professionals are certain that the diagnosis was best for the patient. The argument develops in the sense that the parents of the patient were not informed of all the different diagnosis, and how this illness could affect their child’s brain development. The patient suffered from hyperbilirubinemia, or jaundice, which seems to be of a normal occurrence for many infants, but it must be controlled because high levels of bilirubin causes great damage to the brain. This was part of the information the Brewster’s were not informed of, along with the fact that there is a much more aggressive form of diagnosis for this illness, which is blood…
The client is a 46 year old hispanic woman. She is a single parent of two child. She has a 17 and 14 year old sons. Her 14 year old son was diagnosed with Autism at the age of 2. Her ex-ex husband was deported back to Mexico and because she wanted her children to have a different life and education she decided to stay here. The client feels guilty over making that decision because she has not be able to devote as much time with her children as she would like. Furthermore, with her 14 year old being autistic it has taken a lot of attention off her 17 year old. The client states that the relationship with her 17 year old son is strained and in fact he has told her that all she cares about is his brother and not him. The…
HIPAA allows patients’ health information to be disclosed under some circumstances, such as 1) to meet law requirements; 2) for reporting of abuse, neglect, and domestic violence; 3) for monitoring of healthcare operations; 4) to be presented as evidence in legal proceedings; 5) for assistance with police investigation; 6) for medical examinations and funerals; 7) for organ donation; 8) for research; 9) to avoid a significant threat to health or safety; 10) for workers’ compensation payments; 11) to execute government…
As of today there are issues with the information technology systems, clinical data management systems and the increasing automation of the electronic medical records. All of these present a significant amount of patient privacy and confidentiality issues. When we say confidential, meaning in healthcare we are talking about the protection of a patient’s medical information and keeping their medical information private and safe from any third parties. Administrators are expected to follow the HIPAA Privacy Rule. The HIPAA protects the privacy of patient’s medical information. Patient’s medical records are sensitive personal information that is covered with privacy. There are several ethical…
This paper describes the events that took place concerning Prosenjit Poddar and Tatiana Tarasoff, as well as the ruling in the case of Tarasoff v. Board of Regents of the University of California. The ruling was not a favorable one at first, leaving psychologists feeling this would breach their patients trust. Confidentiality is crucial in a therapist-client relationship. “Legislators reacted to therapists’ concerns regarding the conflict of duties and enacted exceptions to confidentiality statuses when warning was necessary to protect third parties” (“Confidentiality after Tarasoff,” 1994, para. 9).…
On April 14, 2003 the Health Insurance portability and Accountability Act of 1996 (HIPAA) took effect, and these federal regulation have had an impact on the field of healthcare. It affords certain protections to persons covered by health care plans, including continuity of coverage when changing jobs, standards for electronic health care transactions, and primary safeguards for the privacy of individually identifiable patient information. Protecting healthcare information is the key essential in a healthcare organization. In an Internet video, Barclay (2010) states it is imperative that all healthcare providers be knowledgeable about the HIPAA standards and protect the rights of patients and residents. However, patients also have the responsibilities to give accurate information about their condition and to participate in treatment and care. With that being said the doctrine of informed consent allows patients full disclosure to make a knowledgeable decision about their care. Failure of patient confidentiality gives rise to legal liability. Identifying different forms of security breaches and creating measures to safeguards standards, procedure and policies against leaking personal health information (PHI) will maintain and promote growth of an organization.…
Consent also has a legal angle. Patients have the right to decide about what they do or what others can do to their lives and their bodies. Therefore, obtaining consent is necessary for anything other than a routine physical examination and investigation. Informed consent prior medical intervention protects the doctor and the hospital in which he or she works from certain forms of litigation, because the medical intervention was legal, and carried out after authorization by the patient. However, legal protection of the informed consent does not protect the doctor in case of errors and malpractice. The primary care physician obtained informed consent from Mrs. R and I also take the patient’s consent for conducting the interview since any act done without permission, is considered as medical battery. Additionally,…
This paper is about Domestic cold violence. Most of people are familiar with domestic violence, but only a few people hear of “cold violence”. The paper will discuss with the following aspects: meaning, characteristic, harm and measures. This paper will gives you a good idea of cold violence. Cold violence is one of domestic violence. It is a serious social problem, and a lot of families are suffered from cold violence in difference degrees. We can not ignore cold violence, because it is becoming a killer of marriage in these days. We should know about clod violence and find a way to stop this abuse.…
This informed consent will be used at the very beginning of the counseling process. Client will receive a copy after reading and agreeing to the terms. From a risk management perspective, keeping copy of the consent with the client’s signature will also be stored. This is a standard of care. There will be an emphasis on confidentiality before each session. Other necessary specific items from the informed consent will be reiterated if needed. The specific ethical and legal standards addressed in the creation of this form were confidentiality and the client’s rights. Informed consent is an important part of counseling its purpose is to diminish or eliminate potential ethical dilemmas. For instance, informing clients that there is an exception to confidentiality in the event they are suicidal is a critical aspect of informed consent. This is something that this particular client needs to be aware of. This could include laying an expectation for involving family and or other supports if an individual’s suicidality moves beyond a certain threshold. Informed consent is very important when…
Introduction: As a community services professional it is important to always remember the key moral principles that come with that profession. These are respect for autonomy, non-maleficence, beneficence and justice. Making a decision or resolving a situation requires an ethical framework which is made up of ethical principles that guards the clients. Therefore, in this essay, the author is going to be discussing the importance of complying with ethical framework in resolving certain situations in community services practice. First and foremost, informed consent is a legal concept that bids to everyone in health profession.…
Advance directives also assist the hospital staff in making the correct and ethical decision for the patient. In these critical situations, there are "ethical duties that physicians owe to their patients: the obligation to respect a competent patient 's right to refuse medical treatment in accordance with his/her own values and beliefs the obligation to engage in a process of communication that adequately prepares the patient to make an informed decision". The process of creating advanced directives provides the patient the communication to make an informed decision, which also allows the physician to make an ethical decision.…
* Ms. Davis, a patient at XYZ facility, had a difficult time sleeping and was given something to put her sleep at approximately 3:00 a.m. A form was given to Ms. Davis to sign for surgery while going in and out of sleep at approximately 7:00 a.m. following the sleep medication. Was this an express consent or implied consent? Explain your answer. As the head administrator of the facility, discuss what concerns you have and what would you do with the person who presented Ms. Davis with the consent.…
Informed consent is a crucial part of social work care with every single client that you work with. “In the U.S. health care system, individual patients are subject to informed consent. That is, physicians and healthcare staff must inform an individual patient about his or her “diagnosis, prognosis and alternatives for treatment. (McLaughlin & Braun. 1999, p.322) A patient then has the right to provide consent for continuation of the treatment process.” (Kirst-Ashman, 2014) As stated in our textbook, “to be in ethical compliance social workers must expressly state what the services are, why they are being recommended, any risks and benefits related to the service, the time frame that will be covered by the client consent and a client’s right…
Though patients have the responsibility to provide their health care providers with the information necessary for their care, they have the right to confidentiality of any of such information from demographic data to sensitive personal information. Mehnke (2010) explains that there is the need to review policies on privacy and confidentiality to achieve optimal results. He further explains that, the day to day life of health workers from the common copy machine, to trash, to hallway conversation, discussion in elevators and cafeteria poses challenges to patient confidentiality. Also the pressure from friends and close family members of patients to know the progress of their loved ones which may or may not include disclosure of patient information is a major hurdle. Regardless of the challenges all what the patient expects from healthcare providers is for their right to privacy and confidentiality to be respected. This helps patient to seek help when needed and to freely discuss their problems with their care givers. It is the client’s expectation that that bond is never broken without their consent unless required by…