3. To what lengths do researchers have to protect the confidentiality of its participants? In the course reading “Protecting Research Confidentiality “by Ted Palys and John Lowman, the article states that the importance of protecting a participant’s confidentiality in research could mean going up against legal measures that demands the disclosure of the participant’s personal info. For many researchers, having the moral courage to live up to what is promised to the participant, their confidentiality, is in most cases conflicting and produces an ethical dilemma. When research ethics and law of confidentiality conflicts, it is a practical problem that needs to be balanced in avoidance of violating both the ethics guidelines and the law. Moreover, it also an ethical dilemma between protecting the participants, and at the same time not protecting ethics through the mean of law violation. In my opinion, the lengths that a researcher needs to go to protect the confidentiality of the participant should surpass the law and should account for the full responsibility in keeping their identity safe against any legal measures. However, the only conditions that are exempted are when the participant shows tendencies to hurt themselves or other individuals. Other than this exemption, it would appear that the researcher actually has a huge burden to bear in the process of doing research. However, no matter how much responsibility, moral courage and ethical decisions that a research study demands for, it is still reasonable for a researcher to assume such a responsible position to protect what he/she is researching and the participants involved. This is because in the process of assisting in the researcher’s research, depending on the study, par... ... middle of paper ... ...expectations within the classroom and the conduct required of the student. This does not only mean that the student fully knows about the rules and consequences, but it also implicates the responsibility of this role onto the student. Therefore, the student is expected to behave in a certain way and if they choose not to, they will not be punished solely because they know better, but because of their responsibility. In conclusion, there is indeed a double standard placed on public officials in regards to misconduct. Despite voices that does not support the double standard, I however find it justifiable. What is equal is not always necessarily fair. It is important to take other factors such as the duty and responsibility that the individual is accounted for in consideration and how the decision they chose to make can have an effect on the people around them.
Those who were affected by the testing in hospitals, prisons, and mental health institutions were the patients/inmates as well as their families, Henrietta Lacks, the doctors performing the research and procedures, the actual institutions in which research was being held, and the human/health sciences field as a whole. Many ethical principles can be applied to these dilemmas: Reliance on Scientific Knowledge (1.01), Boundaries of Competence (1.02), Integrity (1.04), Professional and Scientific Relationships (1.05), Exploitative Relationships (1.07, a), Responsibility (2.02), Rights and Prerogatives of Clients (2.05), Maintaining Confidentiality (2.06), Maintaining Records (2.07), Disclosures (2.08), Treatment/Intervention Efficacy (2.09), Involving Clients in Planning and Consent (4.02), Promoting an Ethical Culture (7.01), Ethical Violations by Others and Risk of Harm (7.02), Avoiding False or Deceptive Statements (8.01), Conforming with Laws and Regulations (9.01), Characteristics of Responsible Research (9.02), Informed Consent (9.03), and Using Confidential Information for Didactic or Instructive Purposes (9.04), and Debriefing (9.05). These particular dilemmas were not really handled until much later when laws were passed that regulated the way human subjects could be used for research. Patients
During the process of research, professionals collect data or identifiable private information through intervention or interaction. While this is a vital part of the scientific and medical fields, every precaution must be taken by researchers to protect the participants' rights. Ethics, outlined by the Belmont report; requirements, described by the Department of Health and Human Services (DHHS); and regulations, laid out by the Food and Drug Administration (FDA) are verified by an Institutional Review Board (IRB). This procedure assures that all human rights are safeguarded during the entire research process.
A possible flaw of Sarbanes-Oxley is it failed to put up any resistance in thwarting the financial crisis. While the degree to which fraudulent behavior can be traced to the roots of the Great Panic of 2007 will likely be up for eternal debate, it might be telling that Sarbanes-Oxley effectively did nothing. It seems this could indicate that stronger incentives for whistleblowers (such as Dodd-Frank and perhaps other whistleblower protection regimes) are very necessary given the extreme social costs. This conclusion may be hasty, however, given the short time period between the enactment of Sarbanes-Oxley and the crash. Not only is the status of Sarbanes-Oxley still in flux over a decade later, but one has to consider the substantial learning and switching costs associated with a regime with such a substantial ruach. Certainly, this is not to say that additional protections may in fact be necessary given the putative reluctance of lawyers to report fraud, but Sarbanes-Oxley likely needed more time to really crystalize and provide some level of predictability before it can be declared a bust.
Confidentiality is a major topic within care environments. When it comes to deciding what information is shared and who it is shared amongst can be difficult. Confidential information, is information that is ‘not to be told to anyone’ (The Open University, 2015, p. 58). Information that is sensitive or not publicly known is confidential, also if information is given by a person who is in a setting where confidentially is expected then that information should remain private and not shared with others. It can be very difficult for a staff member to find the balance between knowing what information is confidential and appropriate information that needs to be shared between the staff team.
This paper is on a Harvard case study of Pat Parker, a lawyer who conducts political oppositional research and prepares reports. The work is done by contract between Parker and the candidate's campaign. The scenario is that Parker previously provided a report to a campaign, two years later; a group of lawyers who supported the candidate's opponent wants to buy the report plus other materials. The three parts of the paper include: the legal analysis, the ethical analysis and the recommendation for action. The paper considers contract law, copyright law, campaign statutes and codes of ethics. Bibliography lists 6 sources. Pat Parker conducts research grant applications (R01) to investigate ethical issues in human subjects research. The Code of Federal Regulations - Protection of Human Subjects (45 CFR, Part 46) provides a regulatory framework that all Parker-supported researchers must follow. Recent developments in biomedical and behavioral research, however, including the rapid growth of new interventions and technologies, increasing involvement of foreign populations in clinical research, and concerns about financial conflicts of interest among researchers, challenge investigators' abilities to interpret and apply the regulations (Buergenthal, 1995). Other situations (e.g., research with vulnerable populations, the use of data banks or archives, research on stigmatizing diseases or conditions) may present difficulties for identifying strategies, procedures, and/or techniques that will enhance/ensure the ethical involvement of human participants in research. The purpose of this program announcement is to solicit research addressing the ethical challenges of involving human participants in research in order to inform and optimize...
This means that persons have the right to make fully informed decisions about what they do with themselves, as long as that does not take away the same choice for another person. In the seizure study (Darley & Latané, 1968) the participants were 59 female and 13 male university students, who were told they were taking part in a general discussion as part of their class requirement. The participants had no choice in what they were going to be subjected to, and even then, they did not know what they were actually getting themselves into because of the lack of fidelity by the researchers. Participants did not receive the respect they should’ve because participants did not have a choice of whether to participate and they did not know fully what they would be subjected to, this is unethical. In the smoke study (Latané & Darley, 1968) the participants were 58 male university students who were invited by phone interview to discuss problems involved in urban university life. Whilst participants were able to make a choice of whether to participate, due to the lack of fidelity, participants did not have the knowledge to make a fully informed decision. This was not respect for persons, as participants were not being treated as autonomous individuals. This was unethical and certainly did not follow Kitchener and Kitchener (2009) ethical
People are afraid to admit to themselves and others that they need to help to
Méndez (2014) has somewhat summarized the dilemma in that formal consent does not help researchers deal with the feelings of guilt and the effect of others trust being degraded by disclosure (Miller & Bell, 2002). The tradeoff is such that, by using the third person, a sense of distance from the events and the people being referred to can occur, whereas using the first person is more explicit about the events being analyzed. Wyatt (2006) states that a key ethical principle is found in the writing in how close to position the reader is to the self-disclosure. Ellis (2007) offers a dimension of relational ethics when dealing with intimate issues which is subject to the vague and generic “do no harm.” The researcher will be following Megford’s (2006) proposed ‘ethic of accountability’ in which the writer should write his or her truth as if all the people involved in those events were listening to him or
In the modern era, the use of computer technology is very important. Back in the day people only used handwriting on the pieces of paper to save all documents, either in general documents or medical records. Now this medical field is using a computer to kept all medical records or other personnel info. Patient's records may be maintained on databases, so that quick searches can be made. But, even if the computer is very important, the facility must remain always in control all the information they store in a computer. This is because to avoid individuals who do not have a right to the patient's information.
The internal validity is, that because nurse know they are being observed they will be more cautious on how they perform all types of procedures and not just hand washing. If the nurses are more cautious than this can have an effect on the results. Because nurses are being more cautious that might be another factor on why the numbers of hospital acquired infections are reducing. The external validity in this study is the population’s age group. This study will focus on patients ages 40-60. Because a specific age group is being studied it is not known whether this method will have the same effect on the other different age groups.
However, there are some cases that professionals have to rely on the Law. The Law is different from moral principles and Code of Ethics and its focus is on the legal perspective to protect the professional. The Law is defined by Remley and Herlihy (2010) as “general or specific regarding both what is required and what is allowed of individuals who from a governmental entity” (p.4). One major example is the Tarasoff and the Duty to Protect which is a law that was created after the case that happened with a university student, Tatiana Tarasoff and her boyfriend. Tarasoff’s parents sue the psychotherapists alleging that the professionals should have warned the student. Because of this case, the law raised a major concern that the confidentiality that professionals should follow according to the ACA and AMHCA Code of Ethics has to be broken when there is an issue that can affect a third party in the situation. Like the AMHCA refers to confidentiality as “a right granted to all clients of mental health counseling services. From the onset of the counseling relationship, mental health counselors inform clients of these rights inclu...
Nurses are faced with countless ethical issues in carrying out their professional responsibilities, like compassion, consent and safeguarding just to mention a few; this essay will explore the importance of confidentiality in relation to Mental Health and Child Nursing incorporating aspects of diversity.
There is a great importance and focus in modelling a contemporary nurse. The framework for improving this focus is accountability with three main areas: professional, ethical, legal. They all cross over and interlink with each other in many of the topics that are raised within the profession. The approach of the framework were inevitable to reduces to blame and defensive nursing attitude. This attitude can lead to nurses believing accountability is the same as blaming a professional however it is conversely nurses making decisions for individuals and engaging to improve better health outcomes. The topic around this contemporary approach is confidentiality and broken into the principles of the approach.
Looking beyond the Nuremberg Code and applying it to modern medical research ethics, there are many challenges that it poses. Many have argued that the Code tries to provide for all unforeseen events, which restricts the researcher by requiring him to anticipate every situation, demanding the impossible. The most important contribution of the Code is the first principle, which says that voluntary consent of the human subject is absolutely essential. The subject involved should have legal capacity to give consent, should have free power of choice, as well as sufficient knowledge and comprehension of the experiment. This restricts that populations upon which some experiment may be conducted, since many do not have “legal capacity”. For instance, studies of mental illness and children’s diseases have been curtailed because neither of these populations has the legal capacity to give consent. Another group of people, prisoners, are never really able to give voluntary consent since they might be enticed by financial rewards, special treatment, and the hope of early release in exchange for participating in the human experimentation projects. British biostatitcian Sir Austin Bradford Hill also questioned whether it was important to inform a research subject who was receiving a placebo since it does...
In order for attorneys to effectively represent their clients rules govern how and what information is gathered, used, and stored or destroyed. The unit three seminar discusses the rules that regulate these things during and after the representation of a client. There are several systems in place that protect clients and their confidential information from being misused by those who are involved in their cases and legal matters. The duty of confidentiality, attorney/client privilege, and the work product privilege are the topics discussed during this seminar for the purpose of teaching the differences between them all as well as how each works and for what purpose.