Bioethics #8

Question 1

3 types of ethical based confidentiality

Answer 1

1. utilitarian basis
2. kantian basis
3. virtue

Question 2

What does utilitarian basis want to achieve?

Answer 2

happiness

Question 3

What does kantian basis want to achieve?

Answer 3

universalizable

Question 4

What does virtue based want to achieve?

Answer 4

trustworthiness and friendship

Question 5

What does medical ethical confidentiality want to achieve?

Answer 5

keeping patient’s secrets

• increase patient honesty
• enhance teamwork
• protects patients stigma
• enhance trust

Question 6

What does legal based confidentiality want to achieve?

Answer 6

• Follow federal laws: HIPPA, GINA

- Follow state laws: HIV confidentiality, nursing home confidentiality, genetic assistance confidentiality

Question 7

Main requirements for HIPA

Answer 7

Applies to Protected Health Information
Any disclosure must meed “minimum necessary” principle
Patient must consent to some disclosures
Patients may file complaints with federal regulatory bodies

Question 8

Tarasoff vs Regents of University of California- situation

Answer 8

Psych patient told psychologist he was going to kill stalking victim
Psychologist told campus police
Police detained patient because he was a threat
Police released him
Patient killed victim months later

Question 9

Tarasoff vs Regent - Results

Answer 9

Victims parents sued psychologist for “failure to protect victim”
Court agreed with plaintiff that victim should have been warned
In Missouri - reporting of physical harm is alleged

Question 10

What is involved with GINA?

Answer 10

Employment and health insurance decisions can not be based on genetic predisposition or applicant’s DNA

Question 11

What does GINA not cover?

Answer 11

• life insurance
• disability insurance
• long term care insurance

Question 12

3 concepts of confidentiality

Answer 12

1. Ethical basis
2. Medical ethical basis
3. Legal basis