Medical Law and Ethnics

Question

Needed by 8-8-16

puku · Answer

Dear pcoleman1,

I am posting your paper for " Medical Law & Ethics" as discussed. 





Thanks





Best Regards





puku

kayzer · Answer

Medical records of patients are meant to be confidential at all times. Proper measures should always be maintained to ensure that the confidentiality of personal medical information of patients is not violated. The psychiatrist should not have allowed the medical records to be subpoenaed. A health care provider may only share a patient’s protected health information only if it has a court order (HHS, n.d). 

  

Moreover, before responding to a subpoena by the attorney in the case, the psychiatrist should have sought for evidence that there were reasonable efforts to notify the person who is the subject of the information about the request, so the person has a chance to object to the disclosure, or seek a qualified protective order for the information from the court. 

  

The appeal for subpoena of medical records can be done by providing proof that service of the subpoena on the patient or his or her legal representative has been waived by a court for good cause, or through an order entered by a court expressly authorizing disclosure of the designated medical records (Bacharach, 2005). 

  

In this case, the psychiatrist was guilty of a breach of confidentiality. This is because the defendant’s doctor released confidential personal information without proper authorization or considering the required guidelines. 

  

The attorney was right to subpoena the medical records of the dependant. This is because the revelations could be admissible in the court of law as evidence in defense of her client. In consideration of the defendant’s medical history, this would not necessarily be considered breach of ethics. The attorney should have however confronted with the defendant so as to establish an agreement out of court so as to not create potential harm to concerned parties such as the couple’s child. 

  

References

  

Bacharach, C. R. (2005). Subpoenas For Medical Records--How The Rules Have Changed. Retrieved from Gordon Feinblatt: http://www.gfrlaw.com/pubs/GordonPubDetail.aspx?xpST=PubDetail&pub;=307

  

HHS. (n.d). Court Orders and Subpoenas. Retrieved from HHS.gov: http://www.hhs.gov/hipaa/for-individuals/court-orders-subpoenas/index.html

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Medical Law and Ethnics

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