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Bio Ethics

Decent Essays

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

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