Confidentiality (Essay Sample)

Confidentiality
Name
Institution
Date
Confidentiality
Confidentiality between a medical care provider and the patient is one of the core duties when it comes to medical practice. Unless the medical practitioner seeks consent to disclose the information, from the informant (the patient), he has a duty to keep the personal medical information private. It is very clear that most people consider health information to be very personal, there need to have their privacy maintained when using health service is of high significance to them. It is worth noting that clear communication between the therapist or other health care providers, and the patient is paramount to good privacy.
All identifiable forms of information that can be held in the health practitioner’s memory, whether visual, computerized, audio, or written is subject to confidentialityADDIN CSL_CITATION { "citationItems" : [ { "id" : "ITEM-1", "itemData" : { "DOI" : "10.1037/12320-004", "ISBN" : "1433808951", "ISSN" : "03066800", "abstract" : "The article reports on the guidance published by the European-funded project EuroSOCAP on the standards of confidentiality and privacy in healthcare. The purpose of EuroSOCAP is to confront and discuss the challenges and tensions created within the healthcare sector between the user-friendly information society and the fundamental ethical requirements of privacy and confidentiality of healthcare information.", "author" : [ { "dropping-particle" : "", "family" : "English", "given" : "Veronica", "non-dropping-particle" : "", "parse-names" : false, "suffix" : "" }, { "dropping-particle" : "", "family" : "Hamm", "given" : "Danielle", "non-dropping-particle" : "", "parse-names" : false, "suffix" : "" }, { "dropping-particle" : "", "family" : "Harrison", "given" : "Caroline", "non-dropping-particle" : "", "parse-names" : false, "suffix" : "" }, { "dropping-particle" : "", "family" : "Sheather", "given" : "Julian", "non-dropping-particle" : "", "parse-names" : false, "suffix" : "" }, { "dropping-particle" : "", "family" : "Sommerville", "given" : "Ann", "non-dropping-particle" : "", "parse-names" : false, "suffix" : "" } ], "container-title" : "Journal of Medical Ethics", "id" : "ITEM-1", "issue" : "6", "issued" : { "date-parts" : [ [ "2006" ] ] }, "page" : "372", "title" : "Confidentiality and privacy in healthcare.", "type" : "article-journal", "volume" : "32" }, "uris" : [ "/documents/?uuid=1f0d4ea3-1edf-47b9-895f-b5254b1d62bc", "/documents/?uuid=1090643b-bc7a-4219-840a-6f3bce3141ca" ] } ], "mendeley" : { "formattedCitation" : "(English, Hamm, Harrison, Sheather, & Sommerville, 2006)", "plainTextFormattedCitation" : "(English, Hamm, Harrison, Sheather, & Sommerville, 2006)", "previouslyFormattedCitation" : "(English, Hamm, Harrison, Sheather, & Sommerville, 2006)" }, "properties" : { "noteIndex" : 0 }, "schema" : "https://github.com/citation-style-language/schema/raw/master/csl-citation.json" }(English, Hamm, Harrison, Sheather, & Sommerville, 2006). The information covers any hospital information about the patient’s treatment and diagnosis, the patient’s doctor, and the clinics they attend and when. It also includes anything else that may be used to identify the patient whether directly or indirectly.
Confidentiality is of significance as it is required to create a trusting relationship between the medical practitioner and the patient. In the absence of fear of the breach of confidentiality, the patient can communicate symptoms that they may often deem as somewhat or extremely trivial, embarrassing and stigmatizing. It is worth noting that without the trusting relationship the patient is not able to disclose such information thus making his or her treatment impossible. The patient may not even end up seeking medical attention at all. It is very important for the medical caregiver when trying to establish a professional relationship that they ensure, self-respect of the patient, sense of security, and freedom of action.
When a patient discloses to a therapist that they want to harm a certain person, then the therapist is in a position to breach confidentiality and notify the appropriate authorities, for example, the police. The therapist does not have the mandate to notify the person that is intended to be harmed by the patient. Before then, the therapist has a duty to assess the gravity of the issue presented to him by the patient, including the nature of the disclosure, information and even the encounter. The most important determining factor is whether there is a good reason to believe that a certain person or an organization is in danger depending on the information at hand. The Once the police are informed they will know how to use the information for the good of the situation. For example, they may go ahead to inform the person to keep off from the patient claiming to do harm.
One of the best cases that exemplify the challenges faced by medical practitioners in protecting confidentiality is the California Tarasoff case. Prosinjit Podder, a graduate student, disclosed to a counsellor attached to Berkley University that he was wanted to buy a gun and shoot Tatianna Tarsoff. Dr. Mooore, the psychologist, assessed the threats and found they were valid. He was now faced with a professional dilemma, as a result of dual obligation to either protect Podder’s confidentiality or protect Tatiana.
Dr. Moore went ahead and notified the campus police, and Podder was told to keep off from Tatiana but by the look of things by the police he was not much of a danger to her. Unfortunately, he later stalked and stabbed Tatiana to death. Tatiana’s parents went ahead to sue the university’s health services and the campus police for failure to provide the warning to Tatiana. The lower court did not hear the case claiming that Dr. Moore was just observing his duty as a medical practitioner in maintaining confidentiality. Upon appealing to California Supreme Court, it was ruled that while discharging his duties, the therapist is required to take one or more steps including, notifying the police, warn the intended victim, or take other steps necessary under the circumstances ADDIN CSL_CITATION { "citationItems" : [ { "id" : "ITEM-1", "itemData" : { "DOI" : "10.1097/MOP.0b013e32832ce009", "ISBN" : "1531-698X; 1040-8703", "ISSN" : "1040-8703", "PMID" : "19474734", "abstract" : "PURPOSE OF REVIEW: This study reviews the healthcare-related rationale for providing confidential care to adolescents, as well as the legal framework for the provision of such care. RECENT FINDINGS: Physician assurances of confidentiality increase adolescents' willingness to disclose sensitive health information, but these assurances are rarely given. Physicians may not be aware of legal minor consent guidelines or may be concerned about parental reaction to such confidential discussions. Fortunately, many parents and teens understand the importance of confidential healthcare. Adolescent consent and confidentiality laws vary from state to state, but there are federal guidelines and common law concepts that are applicable throughout the United States. The Health Insurance Portability and Accountability Act Privacy Rule also provides guidelines for confidential care to minors. Future challenges for adolescent confidentiality include ease of access to electronic medical records as well as patient (and/or parent)-controlled health records. SUMMARY: Confidentiality for adolescents has important implications for the quality provision of healthcare for this vulnerable population. Physicians and other healthcare providers must be aware of these health implications, as well as federal policies, common law, and their individual state's laws pertaining to this important topic.", "author" : [ { "dropping-particle" : "", "family" : "Berlan", "given" : "Elise D", "non-dropping-particle" : "", "parse-names" : false, "suffix" : "" }, { "dropping-particle" : "", "family" : "Bravender", "given" : "Terrill", "non-dropping-particle" : "", "parse-names" : false, "suffix" : "" } ], "container-title" : "Current opinion in pediatrics", "id" : "ITEM-1", "issue" : "4", "issued" : { "date-parts" : [ [ "2009" ] ] }, "page" : "450-456", "title" : "Confidentiality, consent, and caring for the adolescent patient.", "type" : "article-journal", "volume" : "21" }, "uris" : [ "/documents/?uuid=f4d0d394-e9d6-4475-a55f-d9253b4be9b6", "/documents/?uuid=e3a02999-d640-4e99-937e-93c28d7a5036" ] } ], "mendeley" : { "formattedCitation" : "(Berlan & Bravender, 2009)", "plainTextFormattedCitation" : "(Berlan & Bravender, 2009)", "previouslyFormattedCitation" : "(Berlan & Bravender, 2009)" }, "properties" : { "noteIndex" : 0 }, "schema" : "https://github.com/citation-style-language/schema/raw/master/csl-citation.json" }(Berlan & Bravender, 2009).
The implication of that ruling is that the need to consult third parties of imminent danger breaches confidentiality. However, it is very tough for the therapist to determine the immensity and seriousness of a threat made by the patient. Tatianna’s death shows the implications of what might occur if the health practitioner does not take it upon himself to warn identifiable victims to whom threats have been given to the patient. Ethically, most people would argue that the need to warn a victim of imminent harm overrides the duty of confidentiality. Fortunately, these cases are rare and when they happen to occur judgment calls are very subjective. Conclusively, the duty to maintain confidentiality is important but it can be overridden in specific, and rare circumstances.
Such a case puts to light the tough situations therapists, and other medical health practitioners face in a bid to protect their patients’ confidentiality. Unfortunately, after disclosing vital information relayed by the patient, the therapist-patie...