Paternalism can take a number of forms. Unfortunately, because of the governments increasing amount of interaction and funding of the medical industry, governmental paternalism can take the form of limiting funding, which affects treatment options. This form of paternalism is destructive to the health care industry, and is rarely helpful. This form of paternalism also assumes that the government or funding agency knows more about the well-being of my patient than I do, or those involved in their care and treatment. At other times, the individual health care provider, who is immediately involved in the situation may need to take a paternalistic view of his or her patient's well being. In the case of immediate care of the patient does not take away from the patient the rights for self-determination, but aids the patient in the decision making process which is involved in modern health care, paternalistic decisions can be in the patients and nursed best interest.
In the case in which information given to the patient could make no change in the outcome of a procedure, or condition, one could say that deception, or keeping information from the patient would be ethical.
Confidentiality between patient and practitioner is of the utmost importance, and should rarely be breached. However if keeping the information confidential would create greater harm to a wider array of people, the nurse has an obligation to break his or her confidence, such as cases of infectious disease. Also, if the silence would put others at risk of harm, the issues should be brought into the light for evaluation.
Risk is a wide term, and risks to the patient can occur on a number of levels. Risks can arise from the lack of care, from the use of inappropriate care, or from the decisions which the patient makes regarding his or her care. The nurse has an ethical responsibility to allow the patient to make decisions affecting their own well being, and this may put the patient at risk due to his or her own decisions. However, the nurse still has the obligation to allow the patient this choice. This is allowing the patient self-determination.
This is an example of paternalism, and I believe looking into the matter further on the basis of the well being of the child is an acceptable level of paternalist actions, even though it may breach the mother's confidentiality. In this case the health and well being of the child is at risk, and the child is not in a place to protect himself. By remaining uninvolved, the nurse risks harm to another innocent person, therefore addressing the matter with the mother, and then calling to follow up with the other doctor would be an acceptable level if paternalistic involvement. The doctor on the other end of the phone line still has the option of whether or not to divulge information. So the nurse is maintaining accountability for her actions while seeking to work for the benefit of the unprotected child.
Dr. Koop's use of the pregnant woman who has cancer is a great illustration of the dilemmas faced on modern medical practice. Saving the mother in his case study puts the child at risk. His approach to moving ahead with treatment when it may harm the child is representative of both the paternalistic nature of governmental interdiction in the medical industry, and of the federal position which does not assign rights to the child until after birth. The 'doctor knows best' approach is unfortunately based not only on the Dr.'s knowledge, but also the Dr.'s philosophical paradigm, which I do not agree with. The choice is difficult, but expending the life of the child in order to save the mother without the mothers consent would be a breach of medical ethics.
There are three cases in which patient autonomy should be limited. The first, which is the widest category, is in the case of diminished capacity. If the patient's injuries, or if the previous medical treatment has created a state in which the patient is not fully aware of his or her own decisions, then a case for diminished capacity should limit the individuals own decision making. Secondly, if there are external barriers to medical care and treatment which the patient of medical staff cannot overcome, then the medical staff needs to make decisions for the patient. And lastly, the situation may be one in which delaying for the patient, or other persons to make a decision could cause increased levels of harm to come on the patient. In this...
Moreover, not all states have shield laws. The states that do have such laws are Alabama, Alaska, Arizona, Arkansas, California, Colorado, Delaware, Florida, Georgia, Illinois, Indiana, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Montana, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, and the District of Columbia. Each of these states defines and applies a journalist's privilege differently.
C). AAPC Code of Ethics is shorter compared to ACA's, centering more on specific issues such as confidentiality and professional practices, among others. Identified as Principle IV in the AAPC code of ethics, Confidentiality is synonymously identified as 'respect for the integrity and protection of the welfare' of its clients, a claim that is similar to ACA's stance on confidentiality. ACA and AAPC discussed the issue of confidentiality similarly, although AAPC
Concomitantly, the patient should also be kept informed of such actions, as it directly affects his or her confidentiality status. The physician should then advise the patient regarding the necessary actions or allowance to be made for the destruction of the records. 6. As mentioned above, it is absolutely vital to identify individuals and organizations with access to the databases containing his or her medical records. The reason for this
Question Three The most important thing that a police psychologist should do when evaluating an officer for a position on the SWAT team is to inform that individual that the information that the officer reveals to the psychologist (and any conclusions that the psychologist comes to) will be shared with the officer's superiors for the purpose of determining if the officer can join the SWAT team. The psychologist is bound to
The client is then hesitant to sue over a breach of trust because the client feels bonded to the therapist and does not want to hurt the therapist by suing. Another issue with confidentiality breaching is that the client has revealed secrets to the therapist and may be concerned that a lawsuit will cause those secrets to become part of public record or be testified about on the stand (Grabois,
Confidentiality Breaches in Clinical Practice The confidentiality and privacy of patients are considered as one of the fundamental freedoms that they should enjoy and are safeguarded under Health Insurance Portability and Accountability Act of 1996 (HIPPA). It is also a precept of the American Medical Association’s Code of Ethics and the Hippocratic Oath. The breach of confidentiality is unethical and illegal. Medical professionals are under the obligation of protecting the patient’s confidentiality.
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