Running Head; Medical Confidentiality Essay University Name Reg ASSIGNMENT Medical Confidentiality Essay Total Word Count 3058 words
Medical Confidentiality Introduction The aspect of medical confidentiality is the act of trustworthiness among the medical practitioners with persons seeking medical attention. The moral reasoning behind this is consequentialist motive; which seeks to uplift the state of the patient. Over the recent past there has been a huge campaign move aimed at improving protection of confidential information which is necessary in public health arena. The medical practitioners have been practising what is referred to as the principle of Hippocratic Oath which is regularly updated by the international community and assented in the Geneva Declaration, (Steven, 2005). Currently the precept of building of trust is a critical aspect in the current arenaof medicine. There are instances where there is need for breach of this idealism. Critical scenarios have shown the need when there is breach for disclosure with regard to consent, disclosures required by law and for public interest consumption, (Sankar et al 2003). Confidentiality Health care confidentiality entails practice and refer to the access of records of the patient and the link created that holds confidential details of the patient and the medical practitioner. With its roots in patient provider confidentiality, as traced back in fourth century of BC under the oath of Hippocrates, it has been laid as a foundational aspect in medical practice, (McWay, 2010). Confidentiality recognition by law states that it is kept among two parties of interest manner with the physician and patient,Brodnik, Rinehart-Thompson, Reynolds, 2012). Hospital patients , expect confidential relay of information in the relationships engagement in the facility . Creation of trust worthy environment through respect to patient’s privacy is essential in encouraging the patients to seek medical attention and to be honest with each other. It increases the patient willingness to access care. The obligation that underlies the health care provider from disclosure of medical information is concerned with the case of the patient. Appreciate care ensures that such medical information may be discussed among medical professional team members, and that all team members in the health set up are entitled to access to patient medical attention and have the right and obligation to protect them. Electronic medical record have seen a challenge in the past in aspect of confidentiality, however in accordance with Health Information Portability and Accountability Act of 1997, it requires health institutions to make polices which are in line to protect them and the privacy of the patients electronic information, (Luo, 2006). 2|P a g e
At times, family members demand to know the confidential information of the kin’s. Physicians at these scenarios often feel naturally inclined to provide this information. These instances include when spouses may need to be revealed privileged information, and it may not be explicit that such information may not be shared when the patient has not consented to such agreements. However this can be done in instances when the patient is at risks of harm which relates directly to diagnosis, (Washington, 2010). Other unintended disclosures can be made, and it occurs in variety of ways. A case example is when medical practitioners can disclose the medical patient confidentiality in elevator ways with their colleagues or any other public places, thus maintenance may not be guaranteed in these places. Identifiable patient information should thus be encrypted which ensures that patient information is protected. Principles of principles of privacy medical information Confidential information between the physician and patient has been an essential component in flow of information which is essential in medical information. Patients divulge this information in a setting they can trust and share the private feelings. The American Academy of Family Physicians provides the essential support to all electronic information within the context of medical arena. The AAFP understands the need of protecting patient information, and the protection of patient information has been protected in patient privacy. Data sharing in medical practice for patients prioritizes the confidentiality of patients. Thus AAFP allows for greater recognition of standards principles regarding privacy information, (Langheinrich, 2001). Outlined principles of medical information entail; a.Privacy rights as a fundamental and key b.Information pertaining medical field being accessed by the health practitioners should be treated as private c.Patients have the right to access their medical records and allowed opportunity for addition of other beneficial information d.The privacy of the adolescence should be safeguarded. This conform with the parents objectives where they should have unrestricted access to medical information of minors. And thus confidentiality must be ensured in areas where adolescent s can have legal right to provide consent information e.Medical information sharing may have the legitimate purposes outside the setting of physician/patient relation like billing, improvement, quality assurance and other aspects. 3|P a g e
f.Disclosures of medical information should be limited to information which are essential in conducting legal medical audits and records g.In policy exemptions which gives permission to give medical patient information in line with applicable law. h.In policy exceptions arena, medical records released within applicable law can apply to i.Giving medical information to another physician through consultation purposes in connection with treatment ii.Compelling circumstances affecting health and safety iii.Respect to court orders that requires medical practitioners to provide medical information to enforcement agency or legal authority iv.Finally electronic medical information must be protected with appropriate safeguards such as encryption, verification methods General attributes of information regarded as confidential Underpinning values of confidentiality need to be enshrined in common law. Often confidence perspectives is relevant when the persons share the information obtained with other unauthorised person’s either in medical field such as doctors or other authorised persons. Engaging in breaching of medical confidentiality ensures that enforcement of legal duty to protect such information. Medical institutions over the past have excising little mitigation with regard to breaching patient confidentiality aspect. A case example in UK, has seen that up to date, no criminal conviction has been undertaken among the health care practitioners breaching or breaking patient confidentiality protocol. However civil claims have been instated and damages granted, like in the case ofCornellius v Taranto,[2001] 68 BMR 62). Essentially medical information have the adequate confidence attributes, have the application in imparting surrounding events on aspects of confidence , disclosure lacking access and damage of the person relaying it, information not available in public arena and in the wider population interest . Confidentiality has often been through to be an ethical issue but it couples up to be legal obligation. Employed health care workers have the right to protect the confidentiality of patient information. The practice of common law is the core duty to preserve the professional confidence, (WMA, 2001). Most government’s constitutions worldwide provide for right to privacy among the clients, further it is supported by ethical guides which state that practitioners have the right to protect the information of any patient. 4|P a g e
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