patient safety vs privateness laws term paper

Category: Legislation,
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Privacy Laws and regulations

Patient Security, Gastric Bypass, Patient Privacy, Bariatric Surgery

Research from Term Paper:

Ethical Situation

The author of the report is usually to assess an ethical situation that involves a couple of important factors. Both main ethical issues are patient personal privacy and when the correct time to hit the whistle on a doctor truly comes, not to mention how to do it. Kendra finds out which a family member is approximately to receive gastric bypass via a doctor which includes had a shocking amount of people that have acquired complications or perhaps died post-surgery. She feels required to warn her mom even though this could be a infringement of personal privacy laws and ethical rules. While level of privacy regulations will be in place for the reason, individual safety is likewise a valid matter and that is evidently an issue with Dr . Russell and his procedures.


Sue’s internal forces would include the fact that Dr . Russell, her boss and employer, is facing a legal action due to the loss of life of a affected person and it is also known that other patients include died and have absolutely complications and this is take stress to Sue. Sue’s external forces would be the current patient that is threatening to sue as it involves her employer. Kendra’s internal pushes are similar for the reason that the doctor’s apparent negligence is affecting her work stability and structure and she actually is getting pressure from Prosecute to dig up records that are certainly going to implicate your doctor and/or the practices from the office. Kendra’s external demands include the fact that all but one particular gastric bypass sufferer have had problems and approximately a third of those actually passed away and this will probably mushroom by means of pressure against the office and lawsuits from your patients and families of patients. The ultimate exterior pressure is the fact Kendra’s mom is due on with a surgical treatment from that same doctor (AMA, 2014).

One of many ethical worries in this case is when it is satisfactory to break patient/doctor personal privacy and how exactly it should or perhaps should not be carried out. The question is very important in this case since there is a doctor that may be ostensibly killing patients through his very own malpractice and also the malpractice of his staff, if not both. To be certain, the ostensible odds of Kendra’s mother declining or at least having complications happen to be 33% or nearly fully, respectively. The American Health Information Code of Ethics would appear to state that while simply blowing the whistle to family members or perhaps friends can be unethical but that doing this for the health of all patients generally speaking would totally be called for. However , there are legal issues below as HIPAA and other regulations are probably going to be violated consequently. However , in the event that Kendra follows the right avenues she will be better off. For instance , if Kendra told her mother to not have surgery although didn’t present details so why, that would be better but quickly going to the appropriate authorities and licensing panels and having all surgical treatments halted right up until an investigation could be conducted would be the best way (Medical Malpractice, 2014).

However , which is not what happened. That obviously signs up with Drag into court that the way Kendra in the beginning revealed this was improper although

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