Confidentiality and Informed Consent (Essay Sample)

Confidentiality and Informed Consent Name Institution Confidentiality and Informed Consent Confidentiality is an ethical code practiced by health practitioners or doctors to keep details of patients' information secret. For example, psychiatrists practice this code because it allows their patients to be completely honest in order to get the help they require. Moreover, confidentiality is also applied between a lawyer and their client. However, this legal contract is only binding until the death of the patient. On the other hand, informed consent is a process when people give approval to such professional as a lawyer, psychiatric specialist, or a medical physician to perform services on them. The representatives of these professions advocate for signing of an informed consent so that they are not held liable in case of an unexpected incident. This paper discusses the relation between the two, the consequences of their not following, and the ways to ensure that the clients understand them. To begin with, a consent form is supposed to be simple and precise so that it is easily understandable by both parties involves. The language used should be on a level that even a young adolescent can understand without any problem. Importantly, the contract should be in line with legal guidelines and federal law. The client should be informed on the procedures, reasons, risks, and advantages of signing the contract. Furthermore, the one signing must be given enough time to consider their decision and should not be forced to make their choice (Tyler, 2007). However, sometimes moral dilemmas cause signatories to break their agreement. What is more, confidentiality is not applied only to employers, but also to employees. For instance, when an employer is wealthy, has aggressive competitors, or does experiments that are dangerous when exposed employees are subjected to singing a non-disclosure agreement (Fowler, n.d.). On the other hand, there are situations where breaking a confidentiality agreement is allowed. When a therapist considers a person a threat to either themselves or others, they are obliged to report the matter. For instance, suicidal thoughts and violence could be considered dangerous enough to alert both the authority and the parents of the patients. In the end, if investigations prove that the therapist did do enough to stop the incident, then the psychiatric consultant will be held responsible (Blunt, 2006). Moreover, only the person or organization that signs the confidentiality agreement has the power to allow other people to access their legal, health, or employment information. In addition, information can be disclosed if it pauses a threat to the public or can help in a situation when the public is facing a contagious disease (Blunt, 2006). Furthermore, in case of a legal dispute when classified information is needed, the court could give a court order that demands for the information to be released. Consequently, in the election of a senator or a CEO, their health records are regarded to be public information because of the principle of impartibility. In some cases, signing a contract could be difficult. A client or patient, for example, might be illiterate and hence unable to sign a written contract. In this case, the person will not be denied service, but instead will be allowed to provide a verbal approval. Consequently, so that this information is credible in court, the agreement should be recorded. Another example refers to a person who is homeless or mentally unstable. They are in no position to enter into an agreement of such magnitude. Nevertheless, if such person is acquainted with somebody who has the power of attorney, the latter has the right to sign the contact in their place. Finally, in case a patient is a child under the age of eighteen, parents cannot access this information without the permission of the patient (Tyler, 2007). However, if a child is being treated for sexual or physical abuse from the side of their parents, substance abuse, birth control pill, or pregnancy, parental approval is not required. However, the minor is required to submit a signed informed consent that refutes anyone else from getting access to their therapy sessions. The only condition under which a parent is included is their being a part of the solution (Blunt, 2006). Consequently, there are many reactions to breach of secrecy by both clients and professionals. First, disclosure of private information to unauthorized persons can lead to termination for both employers and employees (Fowler, n.d.). Any legal agreement has a clause with clear guidelines to the consequences in case of violation. Second, those whose privacy is to be protected can sue if their agreement was broken. The victim can ask for monetary or another type of compensation that can ease their pain. Payment for damages done can take any form, but it depends on the one who is suing (Fowler, n.d.). Third, a confidentiality agreement is a legal biding accord. If in some unfortunate situation the contract is broken, criminal charges could be filed accusing the person. Forth, most of the organizations and people who sign a confidentiality agreement do it because they are highly respected. They do their best to protect the secrets of their clients. Eventually, when this confidence is destroyed, their reputation is spoilt as well. In the case of an employee, they might not get a job anywhere else (Fowler, n.d.). Fifth, disciplinary action is taken against the person who did not respect their duty not to disclose this information. Finally, there are methods used to inform and educate people on procedures, implications, and consequences of informed consents and confidentiality agreement. For instance, there are practical experiments like putting people in a group and giving them contracts to sign. After signing the contact, the operator should ask each individ...