Final Exam 40902600

Topics: Law, Tort law, Common law Pages: 2 (561 words) Published: December 11, 2013
Confidentiality of Health Information, HIT 109
Final Exam 40902600

Part A-Answers
Essay 1
The responsibility of Dr. Bob first and foremost is to save the life of the patient, which is Sally. Doctor Bob must also be aware of his legal responsibility. Among the Doctor Bob’s legal obligations in the case of operating on a minor is the issue of informed consent. Sally being a minor, Dr. Bob must seek her parents’ consent before he starts her surgery. In order for Sally’s parents’ to give informed consent, Dr. Bob is legally obligated to discuss the operation and also go over the risks and benefits. If after hearing what Dr. Bob discusses and agrees to the operation, they have given their “informed consent”. If Sally’s parents were unavailable to give informed consent, Dr. Bob should give whatever treatment is necessary to save her life according to the Hippocratic Oath.

Essay 2
Dr. Bob should do as Paula Patient asks and send all communications to her Post Office Box. The patient’s right to privacy has been established. If Dr. Bob sent anything to her home he would be legally responsible. Unless there are any other laws that override this privilege, the doctor patient privilege must not be broken. No, my answer would not be any different if she says it would endanger her.

Essay 3
Dr. Bob should not have given the file to the lawyer on the promise for an authorization. Dr. Bob improperly disclosed Paula Patient’s HIV status and medical records. Not only did he improperly disclose her information but also breach of confidentiality. Doctors are to never give out information, Dr. Bob must have written agreement from the Paula Patient first. Once the Doctor Bob receives the agreement from Paula, then and only then was he to proceed with given out her information. Dr. Bob can be held liable for breaching of confidentiality and contract where he failed to comply with the applicable legal requirements restricting access to his patient’s HIV information. Under...
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