Chelsea McKoy
Biomedical Ethics
First Paper
Confidentiality Case 1
In the patient confidentiality case of Carlos, a 21 year old Hispanic male is being discharged from his hospital stay for a gunshot wound. Carlos is intended to receive nursing care at home from his sister, Consuela. Carlos is secretly a homosexual and is concerned that his secret will be revealed and be disgraced by his family. Carlos pleaded with his physician not to inform his sister that he is HIV-positive. Not informing Consuela would seem to increase her risk of contracting HIV while attending to Carlos’ wounds. The ethical issue is whether Carlos’ physician is justified in breaching confidentiality on the grounds that he has the “duty to warn”
…show more content…
Case 2
Tatiana Tarasoff was murdered by Prosenjit Poddar a patient of psychotherapist employed by the University of California Hospital. Tarasoff parents brought an action against the university regents, doctors and campus police. The Tarasoffs complained that the doctors and police failed to warn them that their daughter was in danger from Poddar. Justice Tobriner argues that a doctor or psychotherapist treating a mentally ill patient has a duty to warn third parties of threatened dangers arising out of the patient’s violent intentions. Tobriner argues that the public interest in safety from violent assault must be weighed against the patient’s right to privacy. Justice Clark dissenting from Justice Tobriner’s majority opinion argues that confidentiality in the psychiatrist patient relationship must be assured for three reasons.
First without the promise of confidentiality people needing treatment will not seek it. Second, Effective therapy requires the patients full disclosure of his or her innermost thoughts. Without assurance that the thoughts disclosed will not be revealed by the therapist, the patients could not overcome psychological barriers standing in the way of such revelations. Third, successful treatment itself
Clearly, confidentiality is essential to the healing process. However, though it may appear to be a relatively easy concept, its application in the therapeutic atmosphere has proven to be quite complex (Younggren & Harris, p. 589). One issue that causes confusion for many professionals pertains to the differences between confidentiality and legal privilege. Quite often, ethical obligations overlap with the legal requirements. Frequently, the practitioner is not well informed about these particular limits on confidentiality and this lack of knowledge can place both the client and the helping professional at risk (Younggren & Harris, p.590, 598).
The resident physician violated confidentiality, because when he left the patient’s room and made a comment about “She-male,” everyone in that vicinity may have overheard him. Only the health care professional taking care of him should know about the patient being
Overall, both sides of the argument make very valid points when it comes to patient/partner confidentiality, autonomy, and the moral obligation of the individuals who willing know that they are infected with HIV/AIDS to tell their sexual partner. As stated before, I firmly believe that any individual who engages in sexual activity with a partner are ethically and morally obligated to tell them if they are aware that they are in fact carrying the HIV/AIDS virus. To me, this is a very important aspect to help in the prevention and control of the deadly epidemic of the HIV/AIDS virus. Quite simply put, “the individual who knows that he is HIV seropositive or who has reason to believe that he may be, has a moral duty to forewarn prospective partners of his HIV status and is responsible for their fate if he does not” (Erin & Harris,
Remley and Herlihy (2016) defines confidentiality as an ethical concept which refers to the counselor 's obligation to respect the client 's privacy and in session discussion will be protected from disclosure without their consent (p.108). The receptionist never disclosed what was being discussed in wife A session; however, her inadvertent breach of confidentiality occurred the moment she divulged the fact that wife A is a patient at a mental health facility. An important premise to understanding the ethical principle of confidentiality is base that a counselor respects the client 's right to privacy (Remley & Herlihy, 2016; Quigley, 2007). Premise one states the "counselor honor the rights of clients to decide who knows what information about them and in what circumstances" (p.110).
Bioethics is a very diverse and subjective issue in Buddhism that bases its self around fundamental Buddhist laws such as the five precepts, the four Noble Truths and The Noble Eightfold path. Each Buddhist variant approaches bioethics differently based on the variants primary goal, ideals or practices. However all Buddhists views of bioethics are somewhat influenced by the universal goal of Buddhism to become liberated from the constant cycle of reincarnation or samsara. In conjecture with Buddhism, the occurrence of samsara allows for one to attain a new view on everything including bioethics allowing for the chance to discover or come to an ultimate realisation which in turn allows for the ultimate realisation of issues relating to
As a member of a medical professional team, you will work closely with many physicians. As you have read this week, guarding the physician-patient relationship is serious business.In this assignment you will practice what you have learned in chapters 5 and 7 in the Medical Law and Ethics textbook: * Federal privacy laws that pertain to healthcare and the "Patient's Bill of Rights" * Privacy, confidentiality, and privileged communications * Filing birth and death certificates * Examples of communicable diseases which must be reported to local, state and/or federal
In the case of Tarasoff vs. Regents of University of California Supreme Court, the findings were that of a mental health professional, along with the supervisor, and others, were being sued by Tatiana Tarasoff parents after she was brutally murdered by Prosenjit Poddar in 1969. The 1976 ruling resulted in requiring that the counselor has “the duty to warn and protect” even though the victim is not the client. Poddar explained his plan to
Thirty years ago, the California Supreme Court had highlighted the doctor’s duty to warn through the landmark case Tarasoff v. Regents of University of California (in short as Tarasoff I)in 1974. Due to the defendant’ petition for a rehearing, the California Supreme Court unusually moved to rehear the same case in 1976 (in short as Tarasoff II) and articulated the duty rather a duty of protect. Pursuant to the precedents established by the two Tarasoff cases, in a specific relationship, the professional doctor owns reasonable obligation to take care and protect identified third party from imminent risk of serious harm caused by his/her patient. Since the Tarasoffs, there have been numerous related cases in the US and several pertinent cases in Canada. The controversial cases presented confusions in both legal and professional ethics levels: how the professional confidentiality harmonizes with the public interest priority and what are the appropriate criteria to implement?
Confidentiality, and being able to determine when it should be broken, is widely considered to be a responsibility for both. Individuals who have sex with multiple partners while aware that they are transmitting a disease like HIV, for instance, are often prosecuted in countries like the United Kingdom, where such acts are a criminal offence. In such a case, breaking confidentiality and informing the authorities would be the best means of preventing further harm from coming to the community. Such laws have been in place for several decades, and are featured in the legislature of several different countries. There are also cases where patients are a danger to themselves, like in the case of suicidal individuals, and medical personnel should be able to breach confidentiality in order to help these people.
Health care professionals are subject to a multitude of professional, legal, and ethical responsibilities which call for personal judgment to be utilized in such a manner as to protect clients as well as public wellness and interests. Overall considerations in handling such duties may be considered to be respect of a client’s autonomy, confidence, and recognition of obligations owed to all clients. While the aforementioned acts fall within the professional realm, there are also legal implications that guide care. Therefore, it can be said that ethical considerations occur in observation of legal responsibilities. Confidential information is perceived as private facts which are disclosed with the
Critical bioethics has played an important role in understanding medicine and health in recent decades. While traditional bioethics was focused on the autonomy of the individual, critical bioethics shifts the focus to individuals and their environment. This shift brings about many complications in understanding the body and actions and decisions regarding it. New conceptions of what it means to be normal functioning according to critical bioethics are important in comprehending medicine. Critical bioethicists have emphasized the importance of social, cultural, and political influences that define the body and health.
Although confidentiality is considered to be of great importance in therapeutic relationship, one must not assume it to be independent. In particular, confidentiality ought to be compromised whenever it conflicts with a higher moral value, such as the duty to safeguard human life. Most often physicians do not know if to disclose the HIV status of their patients to known contacts or if failure to do so may give rise to liability if the known contact becomes HIV positive. This is one of the most controversial issues in reporting and partner notification
Decision making is an essential component to bioethics. Decisions are not always obvious, and the line between right and wrong is often blurred. However easy or difficult it is, a choice is always made. The decision can be the choice between several different actions, or the choice to do nothing at all. Decision making can be witnessed in all aspects of science, from seemingly unimportant decisions in a lab, to life or death decisions on the operating table. A prime example of a choice in science that has had a drastic affect on millions is the choice to use the cells of Henrietta Lacks for research without getting informed consent. In GATTACA, Vincent’s parents must make the choice to having a child without any interference,
Mark decided that he was face with a difficult issue when Annie's doctor told him that his wife with diagnosed with cancer and was not going to make it through her illness alive. He asked the doctor not to tell his wife, because she would have taken the news bad and I believe that he wanted her to live her life without worrying about being sick or worring about Mark. The news that his wife was devasting to him to take in but he thought it was right that he should carry the burden and news on his shoulders. Mark believe he was resposible for his wife and her vulnerabilities that were taken place in her life and health. "Bioethics addresses such difficult issues as the nature of life, the nature of death, what sort of life is worth living, what constitutes murder, how we should treat people who are especially vulnerable, and the responsibilities we have to other human beings" (Pozgar, 2013).
Before going in depth with the viewpoints and opinions involved in the topic of bioethics, we must first ask, what is bioethics? Well, bioethics is the studying of a topic that has aspects that are controversial both legally, and morally. There is a line between what experiments or studies are legal, and what is morally proper and ethical. Scientists take on a role and are responsible for the proper use of their power and ability to manipulate parts of the human body. We have these ethical standards to ensure that the things being carried out in the lab is both humane and helpful. Before any science experiments can really be held, the scientists ask themselves if they CAN, the law asks if they MAY, and morality asks if they SHOULD conduct such experiments. Bioethics is the theory surrounding these 3 questions, and whether the answer to any of the 3 be a yes or no, it’s hard to find any one experiment that does not have its controversial debates pertaining either the legality, or morality in nature. Scientists who have focused on stem cell research have had an ongoing ethical battle. For example, in the article “Saving Superman: Ethics and Stem Cell Research,” an article focused on Christopher Reeve’s accident leaving him paralyzed due to a separation in his spine, he himself was an advocate for stem cell research. Though he knew that it could possibly help is condition and