UNCC300 Essay: Analyzing Breaches of Patient Confidentiality and Law

This essay delves into the critical issue of patient confidentiality, particularly focusing on breaches and their legal ramifications. It uses a case scenario of a doctor's accidental email leading to tragic consequences to highlight the importance of maintaining doctor-patient privilege. The essay explores the professional and ethical obligations of doctors, emphasizing the potential damage breaches can cause, including loss of trust and legal penalties. It also considers scenarios where breaching confidentiality might be justifiable for public health reasons, such as managing infectious diseases. The analysis covers the balance between patient rights and broader societal needs, concluding with the necessity of strict protocols and awareness to prevent violations of patient confidentiality. Desklib offers a platform to explore similar essays and study tools for further academic assistance.

Running head: PATIENT CONFIDENTIALITY 1
Patient Confidentiality
Name
Institution

PATIENT CONFIDENTIALITY 2
PATIENT CONFIDENTIALITY (BREACHES)
A doctor accidentally emailed the wrong file to his interns. The intention was to email
the next day’s schedule, but due to fatigue, the doctor emailed a patient whose cancer had
reached the final stages and was almost succumbing her. It happened that one of the interns was
the son of the patient. The intern committed suicide and left a suicide note of which he complains
of learning with great shock that the mother was going to pass away and that he had not been
made aware. The doctor was later charged with breach of doctor-patient privilege. He was also
convicted of second-class murder.
Patient confidentiality is the preservation of trust between a doctor and their patient so
that the patient’s information is kept secret unless there are fundamental reasons to do so. The
disclosure of such information to a third party is the breach without the consent of law or the
patient. This method was developed by the classical Hippocratic Oath updated for all standards
of law, asserted from the declaration of Geneva. (Hulkower, 2016)
The oath, therefore, obligates the doctor to maintain the privilege. The duty should be
upheld as it is highly professional world over. A breach by a doctor should be punishable by law,
either way. An intentional violation has the same effects caused to non-intentional ones. The
patient who is affected suffers consequences that are hefty to bear. The results range from
psychological, emotional and physical.
First, a breach damages the professional relationship of the doctor to the patient. It is
doubtful that one would tell their problems who are willing to shout them out. Once a doctor has
revealed information to a third party, it is likely that the patient will withdraw from saying any
problem, therefore, affecting their overall healing problem.

PATIENT CONFIDENTIALITY 3
In a case where the breach is made public. The doctor and even the institution he
works for are likely to lose public trust. Losing public confidence may lead to the withdrawal of
the certificate of performance by the individual. The hospital might lose not only patients but
also a license of operation. These are an effect realized by the local community who might as
well be affected (Tran, Morra, Lo, Quan, Abrams & Wu, 2014)
The penalties for breaching should be very grave to warn the doctors. Criminal
proceedings are the best penalties compared to compensation. Damages done by the doctors at
times cannot be compensated for, i.e., the suicide case noted.
Criminal doctors may intentionally breach patient information for exchange of lump sum
amounts. In this case, they will have enough finances to compensate the alleged patient.
Hopefully, there are no such doctors in the society, but that will disadvantage the patient (Nolan
& Ackery, 2015).
The British research on breeching discovered out that most breeching frequently
happens when the doctor is at free of their operation time. At the cafes and canteen when they
are having drinks, they form small crowds, and while reflecting on the day’s hard job, they talk
about their patient. Should doctors never go to hospital canteens? The second most popular place
is at the computer, faxes or printers. It is common for doctor’s secretary or even patient to see
privileged information especially without passwords and even on printouts. The doctors should
be more careful (Ost, S., 2016).
For global benefits, breaching at times could be helpful even without the consent of the
patient. A doctor can find a professional in another field. The doctor might have seen such a case
before. He will probably define a lasting solution to the inquiring doctor. Family members might
need particular information for diseases that will require monitoring. Diabetic and asthmatic

PATIENT CONFIDENTIALITY 4
patients should be managed at all times at home. For this patients, it is very logical to breach
information to very close family members even without their consent. Specific infection is likely
to cause risk to others (Wong, Lavoie, Browne, MacLeod & Chongo, 2015). However much
stigma might be created to the patient, revealing such information has to be done. Example of
such a disease is Ebola, recorded in parts of Africa. It will cause harm to others. Therefore, it
should be breached. However, the breach might be essential. Procedures are crucial, if not in any
way, then the doctor has to be implicated.

PATIENT CONFIDENTIALITY 5
References
Hulkower, R. (2016). The history of the Hippocratic Oath: outdated, inauthentic, and yet still
relevant. Einstein Journal of Biology and Medicine, 25(1), 41-44.
Nolan, B., & Ackery, A. (2015). Collaborating with police in the emergency department while
maintaining patient confidentiality: How can we improve?. Canadian Journal of
Emergency Medicine, 17(4), 437-442.
Ost, S. (2016). Breaching The Sexual Boundaries In The Doctor–patient Relationship: Should
English Law Recognise Fiduciary Duties?. Medical law review, 24(2), 206-233.
Tran, K., Morra, D., Lo, V., Quan, S. D., Abrams, H., & Wu, R. C. (2014). Medical students and
personal smartphones in the clinical environment: the impact on confidentiality of
personal health information and professionalism. Journal of medical Internet
research, 16(5).
WHO Ebola Response Team. (2014). Ebola virus disease in West Africa—the first 9 months of
the epidemic and forward projections. New England Journal of Medicine, 371(16), 1481-
1495.
Wong, S. T., Lavoie, J. G., Browne, A. J., MacLeod, M. L., & Chongo, M. (2015). Patient
confidentiality within the context of group medical visits: is there cause for
concern?. Health Expectations, 18(5), 727-739.