Ch5 Truthfulness and Confidentiality Flashcards
Define truthfulness
Conformance with fact or reality
Define veracity
The obligation to tell the truth and not to lie or deceive others
What is a lie?
A falsehood told to another who has a reasonable expectation of the truth
What is the place of communication in relation to the truth?
The environment of the expectation of truth
What is the role of communication in relation to the truth?
The relationship between the communicators
The expectation of the truth varies with… (3 things)
Varies with
- NATURE of the truth
- PLACE of communications
- ROLE of communicators
What is confidentiality?
The duty owned by healthcare providers to protect the privacy of patient information
What is a secret?
Knowledge that a person has a right or obligation to conceal
What are the 3 types of obligatory secrets?
- Natural
- Promised
- Professional
Define a natural secret
A secret that by its nature would be harmful if revealed
What is a promised secret?
A secret the receiver has promised to conceal
What is a professional secret?
A secret maintained to protect the patient, society, and profession
Exceptions to confidentiality are mandated by…
State law
What are 7 exceptions to confidentiality?
- Birth defects (stats, environment)
- Abuse (child, elderly, adult)
- Drug addiction (local health, stats)
- Communicable diseases (STIs, COVID, TB)
- Automobile accidents (insurance)
- Industrial accidents (OSHA)
- Types of wounds (gunshot, police department)
HIPAA
- Enacted by…
- Patient’s right to…
- Limits access…
- Improve…
HIPAA
- Enacted by FEDERAL GOVERNMENT
- Patient’s right to ACCESS THEIR RECORDS
- Limits access OF OTHERS TO THEIR RECORDS
- Improve QUALITY, EFFICIENCY, AND EFFECTIVENESS OF HEALTHCARE DELIVERY THROUGH A NATIONAL FRAMEWORK
When confidentiality can be breached includes…
- Requirement for…
- Existence of a…
- State…
- Duty to…
- Threat to…
- AIDS…
When confidentiality can be breached includes…
- Requirement for PATIENT AUTHORIZATION
- Existence of a STATUTORY DUTY TO DISCLOSE
- State TO STATE (TB, VENEREAL DISEASE, CHILD ABUSE)
- Duty to WARN A THIRD PARTY
- Threat to KILL ANOTHER PERSON
- AIDS CONFIDENTIALITY AND REPORTING (MD TO PUBLIC HEALTH OR THIRD PARTIES)
Which states require physicians to report to public health? To third parties who may be infected?
- All states require reporting to public health
- Not all states require to inform third parties who may be infected
HIPAA mandates a patient’s right to…
Exception =
HIPAA mandates a patient’s right to ACCESS THEIR OWN RECORDS
Exception = PSYCHOTHERAPY NOTES
Should imaging departments have a policy in regards to patients seeing their radiographic images?
Yes
Torts
- Breach of…
- Failure to protect…
- Their body…
Torts
- Breach of CONFIDENTIALITY
- Failure to protect PRIVACY OF PATIENT
- Their body THEIR RECORDS
Confidentiality includes… (3 things)
- Computer communication (images)
- Oral
- Written
What is defamation?
Oral =
Written =
Defamation = PUBLICATION OF AN UNPRIVILEGED FALSE STATEMENT THAT HURTS ANOTHER’S REPUTATION
Oral = SLANDER
Written = LIBEL
