Case Study: Conclusion
There are key ethical and cultural considerations that have to be addressed in a hospital setting. With regards to ethical considerations, the hospital should avoid creating conflicts of interest while providing care. In the case of Stephanie, her decision making should be based purely out of concern and protection of patient rights as opposed to personal interest. Patients’ rights have to be observed in a care setting. The patient should be granted the right to make decisions that concern their healthcare. It is important for the hospital to maintain the confidentiality of the patient. No information regarding their care should be released to a third party without following the due process. Besides, there should be informed consent of the patient before any information on their health is shared. It is also important to observe healthcare team ethics. Information regarding physicians should be shared in accordance with the health policies. In terms of cultural considerations, the healthcare provider should be wary of healthcare provider bias, trust, comprehension, and cultural identification.
There are legal components that have to be considered before the releasing the patient’s healthcare and other confidential information. The legal components include the proof of patient consent indicating willingness to share information, information on whether the information disclosure was in the best interest of the patient, the interest of the public to disclose the information, and an indication on whether the disclosure results from a court order or a statute (Barnett et al., 2014). In case any of these components is violated, the healthcare organization is considered to have breached the patient’s privacy and confidentiality.
To ensure that critical ethical and legal issues are overcome, the healthcare organization should implement measures that reduce breach of patient privacy and confidentiality. There should be no willful neglect of the exposure of patient personal health information. In case any information is shared, it should be corrected within thirty days. The hospital should always evaluate patient information before releasing it to a third party to ensure that it adheres to confidentiality, privacy, and security policies. The healthcare organization should respect a patient’s autonomy through seeking their consent before any personal information is released to a third party. It should also integrate a court order as an essential policy that forms the backdrop for the release of a patient’s health information.
In the development and preparation of court documents related to healthcare setting, human agencies should make sure that they observe the requirements regarding a patient’s privacy as provided in HIPAA and 42 CFR Part 2 requirements of patient’s confidentiality and privacy. There should be informed consent and observance of court orders. There should also be a signed consent waiver regarding the situation of the release of the information.
References
Barnett, J. E., Zimmerman, J., & Walfish, S. (2014). The Ethics of Private Practice: A practical guide for mental health clinicians. Oxford: Oxford University Press.