BH - M2 - 40% Flashcards

1
Q
A 25-year-old female presents to her physician with chronic pain, fatigue, difficulty sleeping, and fluctuating weight. Her prior medical history is unremarkable and these symptoms have occurred recently. Her physical exam, lab results, and imaging appear to all be within normal limits. Based on the physician’s interactions with the patient, the physician suspects that personality factors may play a role in the patient’s health behaviors and makes a referral to a psychologist for further consultation. Which of the following psychological tests would be most appropriate in helping characterize the woman’s personality traits?
A) WISC 
B) BDI 
C) WAIS 
D) WMS 
E) MMPI
A

Correct answer is E.
•The Wechsler Intelligence Test for Children (WISC) is a measure of intelligence.
•The Beck Depression Inventory (BDI) is a self-report measure of depression symptoms.
•The Wechsler Adult Intelligence Scale (WAIS) is an intelligence test.
•The Wechsler Memory Scale (WMS) is a test of various components of verbal and non-verbal memory. And the •Minnesota Multiphasic Personality Inventory (MMPI) is a widely used measure of personality.

Psychological Testing

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2
Q
A 23-year-old male presents to the emergency department following homicidal threats directed towards his job supervisor. He also had a recent history of making a number of paranoid statements (i.e., “The government is watching me through my work computer screen”) and a decline in hygiene behaviors. The on-call psychiatrist in the emergency department admits the patient to the hospital psychiatric ward. In the psychiatric ward, a staff psychologists elects to use a “projective” test, which is thought to expose a person’s unconscious thoughts and feelings as part of her assessment battery. Which of the following is an example of a projective test?
A) MMPI
B) Rorschach
C) Stanford-Binet Intelligence Test 
D) BDI
E) HAM-D
A

Correct answer is B.
The Rorschach Inkblot Test asks patients to respond to ambiguous stimuli by asking “What might this be?”

Psychological Testing

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3
Q
A 41-year old woman was referred for psychological testing to assess for cognitive changes following a right hemisphere temporal lobectomy to treat medically refractory epilepsy. The woman was given a battery of neuropsychological tests prior to the surgery and then again after her surgery and a period of recovery. What test characteristic is particularly important for this scenario in order to interpret any changes between the two test administrations?
A) Validity
B) Normative data
C) Reliability
D) Discrimination
E) Specificity
A

Correct answer is C.
•Reliability refers to the accuracy and consistency of a measure.
•Validity refers to a test’s “usefulness” or ability to measure a content domain that corresponds to the real world.
•Normative data refers to a defined population or reference sample.
•Discrimination refers to how well a test item differentiates high vs. low performers.

Psychological Testing

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4
Q

A psychologist administered the Wechsler Adult Intelligence Scale to a patient and is now interpreting the results. What method should the psychologist use to determine where this person’s score falls in relation to other people the same age.
A) Use professional judgment to determine if a score is unusually high or low.
B) Calculate the percentage of correct verses incorrect responses.
C) Compare this person’s scores to normative data available from the test publisher.
D) Estimate the standard deviation between this test and other tests that were given at the same time.
E) Calculate the test-retest reliability.

A

Correct answer is C.

Normative data is used to evaluate where an individual’s score falls relative to other scores in a predefined reference sample.

•••••••••••••••••••••••••••••••••••

Psychological Testing

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5
Q
A 58-year-old male presented to his physician reporting ongoing headaches and difficulties in attention and memory since a right- hemisphere stroke approximately 4 months ago. During the clinical interview, the patient reports that he completed appropriate rehabilitation therapies but despite therapies, these difficulties have resulted in problems at work and increased stress in the home. The physician would like to know more about this patient’s specific areas of cognitive strengths and weaknesses. Which of the following would provide the physician with the most complete set of results pertaining to specific areas of cognitive strengths and weaknesses?
A) Neuropsychological Testing 
B) Computed Tomagraphy Scan 
C) Personality Testing
D) Electroencephalography
E) Projective Testing
A

Correct answer is A.
In order to obtain a comprehensive assessment of cognitive strengths and weaknesses, the physician would refer this patient for neuropsychological testing.
•Answers C and D are brain imaging/labs that assess brain structure and activity, but do not identify specific cognitive strengths and weaknesses.
•Answers B and E largely assess psychopathology and emotional functioning but are not used to solely assess cognitive functioning.

Psychological Testing

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6
Q

A mother brings her 6-year-old son to the pediatrician following a number of school-related disruptive behaviors. The mother reported that her son’s teacher describes her son as having difficulty with learning, being easily distracted, disruptive in class, fidgety, yelling, crying frequently, and impatient with peers. However, the mother has not observed these difficulties in the home. How should the physician proceed?
A) Prescribe stimulant medication for ADHD
B) Refer the patient to parent-child behavior therapy
C) Prescribe Prozac for mood dysregulation
D) Refer the patient for a psychological evaluation
E) Order magnetic resonance imaging (MRI)

A

Correct answer is D.
This patient presents with a number of educational and emotional/behavioral concerns, primarily observed in the school. The mother has not observed these behaviors and given the learning and emotional/behavioral concerns, a psychological assessment that includes intellectual, educational, and emotional/behavioral testing should be completed.
•Answer A is incorrect because the physician cannot make the determination of ADHD without having formal parent and teacher observations documenting symptomatology in both home and school settings; also, the parent did not endorse observing these behaviors in the home.
•Answer B is incorrect because the behaviors are observed only in the school and although behavioral therapy may be helpful, a psychological assessment should be completed prior to determining treatment recommendations.
•Answer C is incorrect because there is not enough information to conclude whether the patient’s presentation is due to emotional/behavioral, cognitive, or learning difficulties. Multiple differential diagnoses (i.e., learning disability, intellectual disability, ADHD, disruptive behavior disorder, etc.) need to be ruled out prior to prescribing any medication.
•Answer E is incorrect because the behaviors are only observed in the school setting; the question does not suggest any neurological concerns to warrant MRI.

Psychological Testing

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7
Q

A 32-year-old man with non-Hodgkin lymphoma comes to the physician 6 days after finishing an initial chemotherapy regimen. His leukocyte count is 1600/mm3, indicating greater bone marrow suppression than expected. When questioned, the patient says that he has been taking Madagascar periwinkle as an herbal remedy for his condition. He obtains this substance from an herbalist. Which of the following is the most appropriate response by the physician?
(A) Ask the patient to stop using the herbal supplement because supplements are generally ineffective
(B) Continue the patient’s chemotherapy and consult with the herbalist
(C) Discuss the patient’s values regarding herbal use and knowledge of side effects
(D) Report the herbalist to the Food and Drug Administration
(E) Suggest that the patient take daily multivitamin and protein supplements in addition to the herbal supplement.

A

Correct Answer: C – The physician has begun the process of collaborating with the patient and engaging in the exploratory model

Cultural Competence

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8
Q

A 40-year-old Latina woman who has been diagnosed with iron-deficiency anemia tells the physician that an espiritista in her community told her to treat her illness by drinking a quart of goat’s milk a day. Goat’s milk poses no danger to this patient. What is the physician’s most appropriate next statement to the patient?
(A) “There is no medical evidence that goat’s milk is beneficial in the treatment of anemia.”
(B) “Folk healers are not trained in modern medicine.”
(C) “Try the goat’s milk for a month and if you do not feel better, I will give you medication.”
(D) “There are medical treatments for your condition that can be used along with the espiritista’s recommendation.”
(E) “I cannot treat your condition until you stop going to the espiritista.”

A

Correct Answer: D – People from many cultures use folk healers and folk remedies. As long as the treatment will not harm the patient, the physician should try to work alongside such healers, not separate patients from their cultural beliefs. Because in this case the folk treatment is innocuous, the patient can continue using it along with traditional medicine.

Cultural Competence

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9
Q

A 29-year-old Muslim woman, who is experiencing severe pelvic pain, is brought to the emergency room by her husband. When instructed to disrobe and put on a hospital gown, she refuses unless she can be assured that she will be examined by a female. What is the physician’s most appropriate next statement to the patient?
(A) “I will try to locate a female physician but if I cannot do so, I must examine you.”
(B) “I am a board-certified physician and am as qualified as a female doctor to examine and treat you.”
(C) “I will try to locate a female physician; if I cannot do so, how can I help you be more comfortable with me as your doctor?”
(D) “I cannot help you if you will not cooperate.”
(E) “Severe pelvic pain is sometimes a life-threatening emergency, and I need to examine you as soon as possible.”

A

Correct Answer: C – If a woman expresses a preference that the examining physician should be female, the physician should try to honor the patient’s wishes. This is not an uncommon request among Muslim women. If this is not possible, the patient should be consulted for alternative acceptable strategies. For example, she may suggest having her husband or other family member (e.g., her mother) present when she is examined by the male physician. Trying to impress the patient with one’s credentials or to frighten her into compliance is not an appropriate or effective strategy.

Cultural Competence

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10
Q
A 67-year-old Korean male immigrant to the US presents to his physician for follow-up related to his history of lung cancer. The patient has recently completed oncology treatments and states that he no longer needs follow- up appointments. He also requests that future communication be completed through his eldest daughter, who has accompanied him to this visit. The physician has limited experience working with Asian-American immigrants but has observed that Asian-Americans are too proud to receive treatment from physicians outside their ethnicity. What is the physician’s belief an example of?
(A) Explicit Bias
(B) Clinical Reality
(C) Cultural Competence 
(D) Cultural Humility
(E) Explanatory Model
A

Correct Answer: A—This physician has developed an explicit bias or belief about Asian-Americans that is based on his observations of the group. This bias appears to be based on his own observations but is not necessarily substantiated, even by his current patient.

Cultural Competence

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11
Q

A 45 year-old gender-nonconforming patient with a history of diabetes presents to their primary care physician for a routine exam. The patient’s blood sugar levels remain uncontrolled and the physician inquires about medication management. The patient offers that their, “sister has diabetes too and she’s fine without taking medication.” If the physician wants to elicit the patient’s explanatory model of illness, which of the following is the physician’s best response?
A) What is your sister’s blood glucose level?
B) Tell me more about what you think has caused your diabetes
C) Tell me more about your diet in the past 7 days
D) Why don’t you take your medication?

A

Correct answer: B- Tell me more about what you think has caused your diabetes is most likely to elicit the patient’s explanatory model and uses non-judgmental language.

Cultural Competence

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12
Q
A 52-year-old woman is admitted to the hospital because of breast cancer metastatic to the liver. Her prognosis is poor. She begs her husband to stay with her at the hospital because she is afraid to be left alone during the night. Which of the following defense mechanisms best explains her behavior?
A) Denial
B) Displacement
C) Regression
D) Repression
E) Sublimation
A

Correct Answer: C – The patient is coping with her emotional distress by reverting to a developmentally earlier mode of functioning.

A) Denial: Deal with emotional conflict or internal or external stressors by refusing to acknowledge some painful aspect of external reality or subjective experience that would be apparent to others. The term psychotic denial is used when there is gross impairment in reality testing.
B) Displacement: Deal with emotional conflict or internal or external stressors by transferring a feeling about, or a response to, one object onto another (usually less threatening) substitute object.
C) Regression: By another anxiety-evading mechanism known as regression, the personality may suffer a loss of some of the development already attained and may revert to a lower level of adaptation and expression.
D) Repression: Deal with emotional conflict or internal or external stressors by expelling disturbing wishes, thoughts, or experiences from conscious awareness. The feeling component may remain conscious, detached from its associated ideas.
E) Sublimation: Deal with emotional conflict or internal or external stressors by channeling potentially maladaptive feelings or impulses into socially acceptable behavior (e.g., contact sports to channel angry impulses)

Personality Theory

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13
Q
A 16-year-old girl who has never had a sexual relationship and has no psychiatric history has sexual encounters with multiple partners in the months after her mother’s death. Which of the following defense mechanisms is this girl demonstrating?
A) Acting out
B) Splitting
C) Projection
D) Reaction formation
E) Displacement
A

Correct Answer: A – This teenager is acting out her depression and anxiety over the loss of her mother in socially unacceptable behavior.

A) Acting out
B) Splitting: Deal with emotional conflict or internal or external stressors by compartmentalizing opposite affect states and failing to integrate the positive and negative qualities of the self or others into cohesive images. Because ambivalent affects cannot be experienced simultaneously, more balanced views and expectations of self or others are excluded from emotional awareness. Self and object images tend to alternate between polar opposites: exclusively loving, powerful, worthy, nurturant, and kind – or exclusively bad, hateful, angry, destructive, rejecting, or worthless.
C) Projection: Deal with emotional conflict or internal or external stressors by falsely attributing to another his or her own unacceptable feelings, impulses, or thoughts.
D) Reaction formation: Deal with emotional conflict or internal or external stressors by substituting behavior, thoughts, or feelings that are diametrically opposed to his or her own unacceptable thoughts or feelings (this usually occurs in conjunction with their repression).

Personality Theory

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14
Q
A 28-year-old medical student who has unconscious, violent feelings decides to apply for a residency in surgery. Which defense mechanism is this student using?
A) Acting out
B) Projection
C) Sublimation
D) Reaction formation
E) Displacement
A

Correct Answer: C – In sublimation, the medical student reroutes his or her unconscious, unacceptable wish for committing a violent act to a socially acceptable route (cutting people during surgery).

Personality Theory

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15
Q
A 45-year-old woman who lost a son in a vehicle accident due to his failure to wear a seatbelt decides to initiate a “wear a seatbelt” campaign to help prevent other parents from having to endure what she has. Which level of consciousness does this woman likely have regarding her grief?
A) Unconscious
B) Preconscious
C) Repressed
D) Converted
E) Conscious
A

Correct answer: E – This woman is using the mature defense of altruism, which reflects a conscious integration of feelings and a deliberate choice to channel her grief in a helpful way.

Personality Theory

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16
Q
A 32-year-old male triathlete learns from his orthopedic doctor that he has bone cancer. At his follow-up, the patient enthusiastically asks his doctor, “ready to help me train?” The physician pauses and carefully responds, “No, you scheduled this appointment to discuss your cancer treatment.” The patient responds, confused, “What are you talking about?” Which of the following defenses is the patient using?
A) Denial
B) Displacement
C) Regression
D) Repression
E) Reaction formation
A

Correct answer is D. The patient seems to have banished the memory of his diagnosis from consciousness, a kind of “motivated forgetting” characteristic of repression. If the patient were using denial, he may be preparing for the triathlon and refusing to believe/denying the impact of the diagnosis, but he would not have completely forgotten the encounter. In reaction formation, the patient might turn his grief and fear regarding the diagnosis into its opposite – feeling happy, excited and strong – but, again, would not have forgotten that he was diagnosed.

Personality Theory

17
Q
A 38-year-old male patient arrives at his doctor appointment with an arsenal of medical terms and studied hypotheses about his condition. According to structural psychoanalytic theory, this behavior is controlled by which part of his personality?
A) The id
B) The ego
C) The superego
D) The preconscious
E) The conscious
A

Correct answer is B – The patient is using the ego defense of intellectualization. In the structural model of psychoanalysis, id, ego and superego represent the three parts of the personality. Defense mechanisms are generally unconscious and are employed by the ego as a way of managing anxiety and conflict, while helping the individual maintain psychological equilibrium (in the face of pressures from the id and superego).

A) The id: biologically-based instincts (sex and aggression) - seeks pleasure
B) The ego: the manager –formed by nature and nurture –favors characteristic defenses - seeks reality
C) The superego: socially-prescribed standards (parents, religion, laws) - seeks perfection
D) The preconscious
E) The conscious

Personality Theory

18
Q

Continuum of Defenses

Primitive vs Neurotic vs Mature (SASH)

A

Primitive: Projection, Splitting, Acting out
Neurotic: Rationalization, Intellectualization, Reaction formation (and many more…)
Mature (SASH): Sublimation, Altruism, Suppression, Humor

Personality Theory

19
Q

A 55-year-old female patient presents to her gynecologist for her annual exam. She is healthy and does not have a personal or family history of breast cancer. As routine part of annual exams with female patients, the physician recommends mammogram screening per the American Cancer Association’s guidelines. The patient tells the physician that she has never had a mammogram. She also tells you that she has done her homework and does not intend to ever get unless a potential sign or symptom of breast cancer emerges. According to the Code of Ethics of the AMA, which statement is true?

a. You may ensure that the patient understands the anticipated risks and benefits of mammograms.
b. You may assist the patient in evaluating the medically reasonable alternatives to screening mammograms.
c. You must avoid discussion of the risks, benefits, and consequences of mammograms and alternatives with this patient.
d. You must honor the patient’s decision to forgo mammogram screening, even if you do not agree with her informed decision.
e. You should give the patient a mammogram pamphlet to read rather than engaging in a conversation about the pros and cons of mammograms.

A

The correct answer is d.
Throughout the Opinions of the Code the Council on Ethical and Judicial Affairs uses the words must, should, and may in their common understandings to distinguish different levels of ethical obligation.
MUST: The word must indicates that an action is ethically required of physicians. From the perspective of ethics and professionalism, such actions are near-absolute obligations, not matters about which physicians may use judgment or discretion.
SHOULD: The Council uses the word should to indicate an action or obligation that is strongly recommended as a matter of professional ethics, but which may have some exceptions. Should is used to indicate what is expected of a physician in most instances, absent special circumstances or considerations. Should indicates that ethically there is some latitude for physician judgment and discretion.
MAY: The Council uses may to indicate that an action is ethically permissible when qualifying conditions set out in the Opinion are met.
•Answers a and b are incorrect because of the word “may.” The actions captured in answers a and be represent core elements of patient-centered informed consent. Except in emergency circumstances or special qualifying conditions, which are rare, you must address both when recommending a medical intervention or treatment. In this particular circumstance, the Code of Ethics would not grant the degree of latitude expressed by the word “may.”
•Answer c is incorrect because of the use of the word “must.” There is no justification for a near- absolute avoidance of discussion of mammograms with this patient. In fact, her statement arguably represents a reminder to do so.
•Answer d is correct because you have an ethical obligation to honor the patient’s autonomy, provided that she understands the likely risks, benefits, and consequences of her actions. The answer includes mention of the patient’s “informed decision.” By definition, an informed decision means that the patient understands the likely risks, benefits, and consequences of her decision.
•Answer e is incorrect because you have an ethical obligation to determine whether the patient understands the health implications, risks, benefits, alternative treatments, likely outcome of her decision. You cannot access this information by handing the patient a pamphlet, even if it contains all the information for making such a decision.

Biomedical Ethics and Professional Behavior

20
Q

A second-year medical student has been regularly attending your psychiatric clinic, which is housed in the school’s counseling center. During the course of a medication check-up, the student mentions that some medical students have been using Facebook to “let off steam.” Reportedly, they have expressed angst and frustration about their medical school experience on Facebook. A few have complained on this site about a particular faculty member. One student “sparred” with another student over her pro-life position on abortion. Regarding the use of social media, which of the following statements would be unnecessary or inappropriate per the AMA Code of Ethics?

a. A residency director could ask about specific posts to make a judgement about the physician.
b. Medical students should weigh a number of considerations when maintaining a presence online.
c. A medical student’s online presence matters only if it could directly impact their patients.
d. Medical students have a responsibility to bring that content to the attention of the individual.
e. Participating in social networking create new challenges to the patient-physician relationship.

A

The correct answer is c.
Answers a, b, d, and e all refer to statements that are included in the AMA Code of Ethics’ Opinion about Professionalism in the Use of Social Media. As the code indicates, medical students and physicians have obligations for ethical use of social media that extend well beyond direct impact of their patients. The Opinion reads as follows.
The Internet has created the ability for medical students and physicians to communicate and share information quickly and to reach millions of people easily. Participating in social networking and other similar Internet opportunities can support physicians’ personal expression, enable individual physicians to have a professional presence online, foster collegiality and camaraderie within the profession, and provide opportunity to widely disseminate public health messages and other health communications. Social networks, blogs, and other forms of communication online also create new challenges to the patient- physician relationship.
Physicians and trainees have an ethical responsibility to weigh a number of considerations when maintaining a presence online: (a) They should be cognizant of standards of patient privacy and confidentiality that must be maintained in all environments, including online, and must refrain from posting identifiable patient information online. (b) When using social media for educational purposes or to exchange information professionally with other physicians, follow ethics guidance regarding confidentiality, privacy and informed consent. (c) When using the Internet for social networking, they should use privacy settings to safeguard personal information and content to the extent possible but should realize that privacy settings are not absolute and that once on the Internet, content is likely there permanently. Thus, physicians should routinely monitor their own Internet presence to ensure that the personal and professional information on their own sites and, to the extent possible, content posted about them by others, is accurate and appropriate. (d) If they interact with patients on the Internet, they must maintain appropriate boundaries of the patient-physician relationship in accordance with professional ethics guidance, just as they would in any other context. (e) To maintain appropriate professional boundaries, they should consider separating personal and professional content online. (f) When they see content posted by colleagues that appears unprofessional, they have a responsibility to bring that content to the attention of the individual, so that he or she can remove it and/or take other appropriate actions. If the behavior significantly violates professional norms and the individual does not take appropriate action to resolve the situation, the physician should report the matter to appropriate authorities. (g) They must recognize that actions online and content posted may negatively affect their reputations among patients and colleagues, may have consequences for their medical careers (particularly for physicians-in-training and medical students), and can undermine public trust in the medical profession.

Biomedical Ethics and Professional Behavior

21
Q

Mr. A is a 75-year-old male who is brought into the ER with a history of chest pain that started about 45 minutes ago. He is accompanied by the daughter, who states that her father called her because he wasn’t feeling well. The patient states he had a sudden worsening of his daily chest pain and feels nauseous. This all started about three hours prior to your arrival. On assessment the patient appeared to be in some distress and is clutching his chest. He is awake, alert, fully oriented. His pulse rate is 80, his BP is 102/68 and a pulse oximeter reads 92% O2 saturation on room air. You perform a 12- lead ECG, which shows ST segment elevation in leads II, III and aVF, with some ST depression in aVL, as in figure 1 below.

You diagnose an inferior acute myocardial infarction and, since about 60 minutes passed since the onset of symptoms, advise the patient on a percutaneous cardiac intervention (PCI) in the Cath Lab. However, the patient refuses the PCI and states he only wants medication – “nothing heroic and no surgeries”.
His daughter then intervenes, stating that her father was diagnosed with severe depression and had a suicide attempt (anti-freeze ingestion) a couple of years ago. She also pulls out an officially-looking piece of paper, claiming that: “He signed this paper himself and I’m his power of attorney;; I want him to have the PCI.”
What is the most appropriate way forward in the circumstances?

  1. Follow the daughter’s instructions–she is the patient’s power of attorney and can make any medical decisions on his behalf.
  2. The patient had a suicide attempt, and for this reason he is incompetent; thus follow the daughter’s instructions and do the PCI.
  3. The patient is competent; thus you may not do the PCI without his consent until there is a court hearing about his competence.
  4. There is now an emergency, since the window for PCI is very short; thus you may decide yourself on the patient’s behalf and do the procedure.
A

Correct answer: 3. This is a real case – the daughter’s power of attorney could not replace her father’s wishes. PCI was not performed. The patient was transferred to an emergency unit and received intravenous alteplase, after psychiatric examination and counselling. A suicide attempt is not sufficient to displace the presumption of competence, in the absence of a court order. A decision as to the capacity, however, is possible after psych consult – since it is a medical decision.

Medicine & Law

22
Q

Dr X was on call from home and decided to catch up with some paperwork in a local coffee shop. She was writing a report on a patient and called a colleague to discuss the case. She took care not to mention the patient’s name given the public setting. A few days later she was made aware of a complaint by her hospital. A member of the public, who was in the coffee shop at the same time, had recognized her and contacted the hospital. They had seen the name of the patient on her laptop screen, and had also overheard personal information about the patient in the doctor’s conversation. However, the complainant did not know who the patient was and could not be specific as to what he overheard. The risk manager advises Dr. X that she may have a disciplinary hearing before the hospital board. What is (are) the most likely basis (bases) for finding Dr. X’s conduct unlawful?

  1. Breach of contract: Dr X had the duty to protect the patient’s identity. Thus, she could not take her files in a coffee shop and expose her patient to onlookers.
  2. Negligence: Dr.X recklessly exposed her patient to the intrusiveness of strangers, even though the patient did not suffer any harm.
  3. HIPPA violation: Even if the patient’s name was not mentioned in the context of disclosing health information, it was nevertheless visible to onlookers.
  4. No violation: the patient was not harmed in anyway, thus there is no reason to hold the hearing at all.
A

Correct answers: 1 to 3. Confidentiality is protected by common law (contract law and law of torts) as well as statutes (HIPPA).

Medicine & Law

23
Q

Dr Y was on call overnight and drove home after finishing the morning handover. She left some papers, including her handover sheet, on the back seat of her car, which was parked in the street outside her home. A member of the public who passed by, saw the sheet, which clearly displayed a number of patient names and their diagnoses. She took a photograph, which she sent to the local hospital, with an expression of concern about the breach of confidentiality. Dr Y was informed by her medical director that they would be investigating the matter under its disciplinary process.
What is (are) the most likely basis (bases) for finding Dr. Y’s conduct unlawful?
1. Breach of contract: Dr. Y had the duty to protect the identity of the patient and breached that duty by leaving confidential health information visible to the onlookers.
2. Negligence: Dr. Y recklessly exposed her patients to the intrusiveness of strangers, even though the patient did not suffer any harm.
3. HIPPA violation: Even though the patients listed were not known to the member of the public, disclosing health information remains nevertheless unlawful.
4. No violation: the patient was not harmed in anyway, thus there is no reason to hold the hearing at all.

A

Correct answers: 1-3.

Medicine & Law

24
Q

Dr Z saw a 16-year-old patient, Miss R, who asked her to do a test for sexually transmitted diseases. After a couple of days, she phones her to let her know that a recent chlamydia test result was positive. She got through to the patient’s voicemail, and was careful not to disclose the diagnosis when she left a message. Instead, she asked the patient to attend the surgery to collect her results. She attached an advice leaflet to the results along with a note inviting Miss R to make an appointment. Dr X did not realize that the phone number on file actually belonged to the patient’s mother. Mrs R came in to the surgery and was given the documents by the receptionist. The patient complained about her breach of confidentiality and requested compensation for the distress and embarrassment caused.
What is (are) the most likely basis (bases) for finding Dr. Z’s conduct unlawful?
1. Breach of contract: Dr. Z had the duty to keep the patient’s health information confidential.
2. Negligence: Dr. Z dealt negligently with confidential health information and caused harm to the patient.
3. HIPPA violation: Dr. Z disclosed confidential information to a person other than the patient, without the patient’s consent to disclosure.
4. No violation: The patient is a minor, thus the mother has the right to know the results of the test.

A

Correct answers: 1, 2 and 3.

As a general rule, before a child reaches the age of majority (18 years old in most states), she cannot legally exercise his rights granted by the HIPAA Privacy Rule. Minors’ parents or guardians act as personal representatives under special patient considerations. The most important thing to note is that the Privacy Rule grants parents access to their children’s medical records. As such, a health care provider handing over sensitive information about a patient under the age of 18 to his parent would not be in violation of the law.
Generally, entities covered by HIPPA should treat parents - and all personal representatives - as they would the individual whom the person represents. The guardians of minors have the same rights as the patient. As such, beyond granting access to the patient’s medical record, health care providers must also let these representatives know about the release of protected health information (PHI), authorize disclosures and make decisions on the patient’s behalf.
There are certain circumstances in which a child’s parent is not his personal representative, and release of information to the parent in this situation would constitute a violation. According to the U.S. Department of Health and Human Services (HHS), a doctor should not consider a parent the personal representative of a minor:

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