Misconduct Summary

Confidentiality: Acknowledgement of the process of keeping trusted information private by the clinician, while distinguishing the reason for breaking one’s promise in keeping information secret; through written and verbal communication.

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).

Disclosing confidential patient information without patient consent can happen in the health care field quite often and is the basis for many cases brought against health care facilities. There are many ways confidential information gets into the wrong hands and this paper explores some of those ways and how that can be prevented.

19. According to the utilitarians, the beneficial consequences of maintaining patient confidentiality include the following:

This paper is a response to a video discussing the issues of confidentiality, privilege, reporting, and duty to warn. This paper looks at these issues and their explanations in the American Counseling Association Code of Ethics as well as the Georgia State Board of Professional Counselor’s ethical guidelines and provides a commentary on the laws. It was found that these issues are not always black and white, but there is some debate on these issues. Confidentiality is both an ethical and a legal responsibility yet there are often times when the ethical demands clash with the legal demands. This paper explores some of those crashes and explains what I have learned from the video and the professional and stage guidelines concerning confidentiality and its implications and how I will apply what I have learned into future practice.

The EAI indicates that ethical guidelines have changed from individual character to organizational ethics (Ethics Awareness Inventory, 2011). The prime focus of this change are client-patient relationships in psychological counseling and clinical practice (Fisher, (2013). Psychological counseling and clinical practice are both constructed on ethical guidelines with the possibility for misuse of power and negligence to discretion (Fisher,

Ethical principles and virtues give mental health professions guidelines to follow to police their behaviors. Do no harm, respect autonomy, be just and pure excellences are some of the principles and virtues. Purse excellence is described in my textbook, Ethics in Psychology and the Mental Health Professions: Standards and Cases, as maintaining competence, doing your best, and taking pride in your work. (Koocher & Keith-Spiegal, 2008)

Video presentation: The video clip was quite interesting I found it to be very educational as to the legal obligations of therapists in the mental health field. There were issues that were brought up that were quite important, such as therapists need to understand confidentiality, privileged information, and a therapists responsibility related to reporting suspected child abuse, elder abuse, and/or suicidal ideations, and possibly the most important of them all is a therapists duty to warn. The first case they were

The situation is the decision to breach the confidentiality between a client and his patient. The therapist has to decide if the client will pose a threat to himself or any other 3rd party, or society as a whole. If the therapist feels in any way that the client could be a threat, he has the right to notify the person or the correct officials to insure that no harm comes to anyone involved.

Confidentiality is considered a core value or principal in the medical practice. Confidentiality is a right that all people have within the medical field. This is the requirement of health care providers to keep a person’s information exclusive unless the patient or the person consents in the form of a release to share that information with other people that practice. Usually the consent is given when a doctor wants to consult with a different doctor for example. In this case it would be for the betterment of the person.

Professional Communication is a very important element in the foundation for a strong health care system. Communication can also serve as a basis for basic health care administered. Communication is not only the one tool in health care in which we can control, but also what helps prevent the derailment in patient-healthcare professional trust.. Types of model that can help express how important professional communication is within health care is the movie titled, The Doctor. There are various examples in this movie in which the importance of professional communication is portrayed and supports the argument, as well. These types of examples and supporting data can also be found in real life testimonies of what type of situations can result from lack of professional communication in the health care setting. Communication teaches the importance in human-to-human contact that some hospitals and health care setting may lack due to the certain personality type that is more attracted to the roles of doctors. Professional communication should remain at the forefront of bed side manner and proper etiquette in the health care field and setting.

Because of the doctors’ profession, a psychiatrist must abide by the ethic of nonmaleficence when it comes to their patients. This article is true, “When conflicts occur among psychologists’ obligations or concerns, they attempt to resolve these conflicts in a responsible fashion that avoids or minimizes harm” (Ethical Principles of Psychologists and Code of Conduct, n.d.). For this profession, this is very important because their judgment can have a serious effect on a person mind. If there were no ethics to guide them not to do no harm, psychology could become an unethical profession within the health care system. This ethic could also be the reason for the raise of concern that Dr. McHale has for the detainee.

As a counsellor I have an obligation to follow professional standards and apply appropriate behaviour defined by mental health associations. The purpose of this is to prevent harm to clients as well as to define my own professional values.

Confidentiality is someone who is trusted with private or secrecy matter; confidential whisper or issue. (Credo Reference, 2001). Certain situations where the confidentiality between client and therapist, may need to be breached to ensure the safety of the client him/herself, the community or ourselves. Two important circumstances would be a client/child under 16 who has been abused or a client needs hospitalisation because they have been considering taking their own life or other concerning issues (Corey, 2009).

The second ethical issue occurred when the psychologist disclosed information about Mr. Hartwig’s to his psychiatrist without Mr. Hartwig’s consent. The psychologist motivations for contacting Mr. Hartwig’s psychiatrist appears to be ethical. He was attempting to establish a collaborative relationship with the psychiatrist in order to maximize the effectiveness of each for of treatment in order to best serve the client (APA, 2002). However, The APA guidelines on stipulate that while psychologist should attempt to establish a collaborative relationship they must request release from the client before disclosing confidential information (APA, 2002). The client shared the name of his psychiatrist, but there was no evidence that the client consented to an exchange of information between the two professionals. In addition to the psychologists’ obligation to obtain consent to disclose information to the psychiatrist; he was also ethically obligated to ensure that the client understands what he/she is giving consent for. Koocher and Keith-Spiegel, suggest elements that a release-of-information form should include; who the information is to be released to, and any limitations on the information to be released (2008). If the client consented to disclosure with the