Case 16 This case presents a very delicate situation that presents many legal and ethical questions. Do you tell your brother his partner has HIV? I would tell my brother, but the how and when, may vary based on circumstance. From a professional ethical standpoint, it would be unethical to disclose the patient’s HIV status without consent. It would violate the patient’s right to confidentiality, as it is the patient’s choice whom information may be shared with (Beemsterboer, 2010, p. 50). It could also be argued that it is a violation of the principle of nonmaleficence. By providing the patient’s HIV status to people unbound by HIPAA, you are putting the patient at risk of discrimination. This could cause mental anguish or psychological issues, therefore, in essence, inflicting harm on the patient. The most valued application of nonmaleficence is, “One ought to not inflict harm” (Beemsterboer, 2010, p. 42). This would outweigh the ethical argument that you are also preventing harm to your brother, another less important application of nonmaleficence (Beemsterboer, 2010, p. 42). There is one professional ethical principle that I would argue was being applied. This being the principle of paternalism, stating that healthcare providers should do what they deem best for the patient according to their ability and judgment (Beemsterboer, 2010, p. 47). If the patient had a sexual encounter with the brother, and did not inform him of her HIV status, she may be arrested for reckless endangerment according to Pennsylvania law. A case where an HIV-positive person did not disclose their status to their sexual partner was brought before the Pennsylvania Superior Court. According to Pennsylvania law, “Disclosure of HIV status is a defense ag... ... middle of paper ... ...w in Dental Hygiene (pp. 39-53). St. Louis, MO: Saunders Elsevier. Commonwealth of Pennsylvania State Board of Dentistry. (2012, September). Section 4.1 Reason for Refusal, Revocation, or Suspension of License or Certificate. In The Dental Law Act of May 1, 1993, P.L. 216, No. 76 Cl. 63. Harrisburg, PA, USA: Pennsylvania Department of State. Hanson, J. R. (n.d.). Fraud or confusion? RDH Magazine, 19(4). Retrieved 3 15, 2014, from http://www.rdhmag.com/articles/print/volume-19/issue-4/feature/fraud-or-confusion.html Smith, A. (2013). How NOT to commit dental insurance fraud! Retrieved from Amy Smith Consulting LL.: http://www.amysmith.biz/tip-of-the-month/2013/6/25/how-not-to-commit-dental-insurance-fraud.html Violations of Public Policy. (2007). Retrieved from Wrongful Termination: http://www.wrongfultermination.com/index.php?option=com_content&task=view&id=66
An ethical decision that I was faced with within my professional career was about a month ago. I’m a dental assistant so I work with people every day and I have to deal with people and their personal bias. I had a patient that was underage and she come into the operatory by herself. I asked the patient did she have a guardian with her and she said “yes”, and she started to inform me that her grandfather didn’t like African American people. At that point I was faced with an ethical dilemma to not inform her grandfather about the treatment or to faced her grandfather, that I knew didn’t care for African American people. The problem was very difficult because I didn’t know how her grandfather was going to react toward me as a professional person.
One of the most complex, ever-changing careers is the medical field. Physicians are not only faced with medical challenges, but also with ethical ones. In “Respect for Patients, Physicians, and the Truth”, by Susan Cullen and Margaret Klein, they discuss to great extent the complicated dilemmas physicians encounter during their practice. In their publication, Cullen and Klein discuss the pros and cons of disclosing the medical diagnosis (identifying the nature or cause of the disease), and the prognosis (the end result after treating the condition). But this subject is not easily regulated nor are there guidelines to follow. One example that clearly illustrates the ambiguity of the subject is when a patient is diagnosed with a serious, life-threatening
The flip side of the signing a confidentiality document under HIPAA policy healthcare officials many times has been frustrated because bounds they can’t cross. Many times family or friends who aren’t authorizes obtains valuable medical information are coming all hours of the day to ask for critical medical reason, the nurses, physicians and others officials bid my law not to get out information on the telephone, or in personal if the individual or individuals name aren’t on the privacy document. Having a ...
“The Health Insurance Portability and Accountability Act (HIPAA) of 1996 made it illegal to gain access to personal medical information for any reasons other than health care delivery, operations, and reimbursements” (Shi & Singh, 2008, p. 166). “HIPAA legislation mandated strict controls on the transfer of personally identifiable health data between two entities, provisions for disclosure of protected information, and criminal penalties for violation” (Clayton 2001). “HIPAA also has privacy requirements that govern disclosure of patient protected health information (PHI) placed in the medical record by physicians, nurses, and other health care providers” (Buck, 2011). Always remember conversations about a patient’s health care or treatment is a violation of HIPAA. “All PHI is included in the privacy requirements for example: the patient’s past, present or future physical or mental health or condition; the provision of health care to the individual, or the past, present, or future payment for the provision of health care to the individual, and that identifies the individual or for which there is a reasonable basis to believe it can be used to identify the individual” (Buck, 2011). Other identifiable health information would be the patient’s name, address, birth date and Social Security Number (Keomouangchanh, 2011). (Word count 197)
Ulinski, Michael. "AN ANALYSIS OF SMALL COMPANY FRAUDS AND." American Society of Behavioral Society. Dept of Business, Pace University. 05 Feb. 2008.
Ethics is the moral principle of doing that is right for our patients. However, there are some situations in where doing what is right conflict with other principles. As dental hygienist we have to provide the best care for our patients. The services we offer need to avoid injuring or hurting the patients. Also, they need to be able to remove any existing condition that is affecting patients. However, the first thing we need to have in mind is that patients have the right to accept or refuse treatment. When our duty conflict with the patient’s decision of not receive treatment, this put us in an ethical dilemma.
The healthcare industry consists of a broad expanse of careers, all requiring a strong use of ethics. As technology advances and businesses struggle to stay atop technological forefront, they must also increase the security of patient files. Medical offices have upgraded, for the most part, from paper charting to electronical. While growth and change is inevitable, the safety of patient confidentiality is top priority. Within this paper, the necessity and application of ethics in healthcare will be studied.
(1) LOW INCOME AND LACK OF INSURANCE: A number of studies have linked poor oral health with low socioeconomic status. Affordability is identified as major challenge in accessing dental care. “For instance, 17.3 per cent of the whole population (i.e., approximately
No! I do not believe that this is an ethical decision rather a personal decision to perfect them selves and others that work in the same office. Dental offices work in the type of situations that could expose them HIV.
Various articles examining the ethical and legal issues surrounding the disclosure of HIV status prior to sexual relationships make evident that the disadvantages of disclosure outweigh the benefits, making clear that disclosure is unnecessary.
Disclosure of pertinent medical facts and alternative course of treatment should not be overlooked by the physician in the decision making process. This is very important information impacting whether that patient will go along with the recommended treatment. The right to informed consent did not become a judicial issue ...
Weld, L. G., Bergevin, P. M., & Magrath, L. (2004). Anatomy of a financial fraud. The CPA
Gatty.B (2010). Fighting Fraud US Government cracking down on those who commit healthcare scams “Dermatology Times,” 31 (11)12.Health Source-Consumer Edition
Fraud in charitable organizations occurs when legitimate organizations or the individuals working for the organization misuse donations, or when illegitimate organizations or individuals collect donations on behalf of a sham organization. Perpetrators of charity fraud prey on the generosity of their donors through a variety of means. Some individuals may try to get the attention of a passerby on the street requesting cash for the hungry or disabled while others may use telemarketing scams in which the perpetrator tries to convince the potential donor of their legitimacy and the immediacy of financial need for a worthy cause. Yet, the most u...
In every nurse's career, he or she will face with legal and ethical dilemmas. One of the professional competencies for nursing states that nurses should "integrate knowledge of ethical and legal aspects of health care and professional values into nursing practice". It is important to know what types of dilemmas nurses may face