Ethical dilemma refers to a situation whereby a difficult choice is made among the two courses of the act, which entails the transgressing ethical principle. In the HIPAA law patients have a right to know that their secluded medicinal information will be kept privacy ( Pozgar 2019).Thus a physician must be ultimately responsible for the privacy breach that is legally and morally unsuitable action. The HIPAA aids in protecting the patient’s rights to the privacy of the medicinal information. It also creates criminal and federal penalties for the disclosure or improper use of the protected health information.
The HIPAA regulations are based on fine acknowledged moral principles through the use of the explanatory cases. Generally, in ethical practices, not all aspects of HIPAA are beached. The trust of the HIPAA is reliable with the ethical practices of the surgery and medicine ( Broadway 2019). This alignment of the ethical and legal requirement would lead to more intent to be directed by doctors through a good decision when determining how to reveal secluded information rather than adapting an irrational method which may not be penetrated. When an approach is adapted to HIPAA, the healthcare can bear by the regulations while they are reducing the impact of the new requirements on physician-patient relationships and maintaining ethical standards.
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A man who was 22 years of age who had paranoid schizophrenia was admitted to a psychological wellbeing unit. The man was too ill such that he could not refuse or consent to release the information to his family members. When he needed to be restrained, the nurse always contacted the family as per the hospital rules and regulations. Unfortunately, the doctor refused and they said that the patient had not given them permission in order for them to identify his family. Luckily, the patient improved with the treatment that was being given and he was unconfined within one week. The family stated menacingly to prosecute the staff and the hospital because they failed to inform them about the condition of their son .The hospital manager said that the hospital was lawfully protected by a confidentiality supply in the HIPAA. Under HIPAA the hospital should have educated the employees about the written privacy procedures and elect an individual to superintend compliance. The risk manager must be involved in preparing procedures and the policies. Ideally, they should educate the staff in harmony. HIPAA aids in allowing healthcare workers to give out the information to other people who are essential to know (Choi Capitan Krause & Streeper 2006). The laws expect the healthcare workers to offer fair judgment when the patient is debilitated. However, the families are not isolated from the patient by the law.
When a patient goes to the hospital, they should consider the person who will sign the consent form in order to approve his or her treatment. When the patients describe the circumstances, the doctor should be able to know whether the signature was deferred. It is well known that consent is obtained from the legal guardian or the next-of-kin when a patient is unable to speak. Thus, the person who is asked to give the consent must be knowledgeable of the benefits, risk and the alternative treatment. That would the best time to carry the family into the process of the treatment. Patients expect that their private treatment must be kept confidential. In this case, the physicians will eventually responsible for legally and ethically unsuitable action. For example, a 21-year-old patient demanded inspection by the FP. This happened because her boyfriend had venereal warts and was treated. She, therefore, decided to take medicinal care in two different times. The first occasions, the doctor performed a par smear which showed negative for the human papillomavirus. On the second visit, the doctor also performed a par smear which showed negative results. The medical assistant was conversant with the patient and he revealed the information about her to her friends. Unfortunately, the patient found that all her information was disclosed. Luckily enough the patient was able to recognize the basis and she took a claim beside the FP as the proprietor of the medicinal associate. The patient claimed about the gossips that she had an STD was supplied all over on the workplace where the lady work which caused her anxiety and distress. This anxiety and distress caused her to go for counseling medication. After the reviewers assessed the evidence, they found that the patient’s privacy was violated. The doctor was vicariously accountable for the employee’s action. Consequently, the instance was closed with a defrayal that was definitely made on behalf of the doctor and his drill. In this case, the medical assistant is the one who gave out the information about the patient’s assessment for STD. Additionally, both the physicians and the assistant manager were accountable. The privacy of the patient was revealed in the conversation but also the physicians must protect the documented information of the patient whether it is contained in the electronic health records or paper charts. The HIPAA mandated the ethical duty of confidentiality. (Fisher 2008) Despite the fact that the patient’s confidentiality was revealed, the medical information that is confidential is dripped unintentionally when the healthcare providers or the physicians discuss the hospital matters carelessly in a public place for example in the hospital snack bar. Unless the permission is given to talk or release the patient information which is personal, the staff and the physicians must protect the confidentiality of the patient by keeping private information.
Conclusion
It is significant to understand a patient’s health information before studying the implications of the HIPAA or any training that results from the law. Confidentiality applies to the protected patient information which includes uncomplicated identifiers of the future present and past of the patient. It also includes psychological health conditions which include the payment of the services and the services that are related to health. Under HIPAA law, new rights are given to the patient in order to control and understand how the insurance and health information is shared or used. Additionally, it is significant to understand the health records from a conceptual outline. The records should be created to every patient obtaining the treatment, services or care at every health institution and it is maintained for providing care for the patient. Additionally, the records are used for administrative and financial processes, research, and patient self-management, activities related to public health, education and research. The records also contain adequate information in order to justify the patient treatment, identify the patient and support the diagnosis. The data or the information that is contained in the records belong to the patient regardless of the records that belong to the institution.
Reference
(Pozgar 2019). Legal and ethical issues for health professionals . Jones & Bartlett Publishers.
Broadway, M. A. (2019). Legal and Ethical Issues. Leading and Managing in Nursing , 32.
Choi, Y. B., Capitan, K. E., Krause, J. S., & Streeper, M. M. (2006). Challenges associated with privacy in the health care industry: implementation of HIPAA and the security rules. Journal of Medical Systems , 30 (1), 57-64. Challenges associated with privacy in the health care industry: implementation of HIPAA and the security rules. Journal of Medical Systems , 30 (1), 57-64.
Fisher, M. A. (2008). Protecting confidentiality rights: The need for an ethical practice model. American Psychologist , 63 (1), 1.
