Ethical Vignette Paper 1

Topics: Ethics, Confidentiality, Law Pages: 9 (1720 words) Published: April 16, 2015

Ethical Vignette Paper 1
Tanya Pamplin
COUN 501
Liberty University
Dr. Alyson Pompeo-Fargnoli

Ethical Vignette Paper 1
The vignette video covered ethical issues such as; duty to report, duty to warn, confidentiality and privileged information. The first case scenario was about a foster child by the name of Dominic who was taken to the emergency room by his foster parent. Dominic was unconscious when he arrived at the hospital and he had a bruise under his eye and several bruises on his body. The foster parent explained that the child had suffered bruises from being jostled in his car seat. Ms. Brown, the nurse on duty, accepted the explanation and Dominic was released the next day only to return four days later with a head injury. Dominic died in the emergency room. Health care professionals have the duty to report suspected child abuse; therefore, Nurse Brown faced criminal charges. The argument that Nurse Brown posed was that the phrase, “reasonable cause to suspect” was too vague, thereby, unconstitutional. The trial court agreed with Mrs. Brown that the statute referencing reasonable cause to suspect was too vague; as a result, he dismissed the charges against Nurse Brown. However, it was sent to the Supreme Court and decision was overturned and the statute was upheld. In the second case, confidentiality and the exception to confidentiality is discussed. The client in this case is a lady who was a longtime client of a therapist. The client was rear ended by a drunk driver. This client reportedly claimed having issues with sleeping, eating , and intimacy with her husband as a result of the accident in addition to developing anxiety and suffering from physical injuries. This client decided to sue as she had to increase her sessions to twice a week due to suffering from the accident. As a result, the lawyer of the presumably drunk driver subpoenaed her records of counseling. The client in this case waived her privilege and right to confidentiality when she sought compensation for treatment for injuries incurred. The defendant, drunk driver, has a right to view the records to see exactly what treatment is being given to the plaintiff. Other cases were addressed when referencing the complexities of confidentiality and privileged information. Sheila Royal, a police officer, reported to a domestic abuse scene. When Officer Royal arrived on the scene, a lady ran from a house yelling for help and a man ran behind her brandishing a knife. Officer Royal shouted for the man to stop but he continued to run after the woman. Just as the man caught up with the lady, Officer Royal fired her gun; the man died. Officer Royal was placed on administrative leave and she went to counseling. The mother of the deceased man, Wanda Jeffrey, sued Officer Royal and the police department for wrongful death and the violation of her sons civil rights. Ms. Jeffrey stated that her son did not have a knife and was running after the young lady to take her back to the house to settle the matter. This presented the issue of whether the woman was in imminent danger. If Ms. Jeffrey’s son did not have a knife, there was no need for Officer Royal to fire. Ms. Jeffrey demanded to see the notes form Officer Royal’s counseling session. Ms. Jeffrey believed that Officer Royal disclosed that there was no knife during her session with the counselor. Officer Royal refused to have the notes released; she stressed that her notes were privileged and confidential. Furthermore, Officer Royal threatened to sue her counselor if she released the notes. The trial judge requested that the notes be released and when Officer Royal objected, he instructed the jury to conclude that there was no knife. This particular case would set a precedent as to whether the client, Officer Royal, has a right to privacy or does the court have the right to seek the truth by overriding the officer’s...
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