Confidentiality

Question 1

Non-maleficence

Answer 1

Do no unnecessary harm.

Question 2

Benficence

Answer 2

Act in the best interest of the patients.

Question 3

Development of the right to privacy.

Answer 3

Bodily Integrity; mandatory sterilization (griswold v CT), body is private.
Search and Seizure; war on drugs, houses are private.
Self incrimination; miranda rights- right to remain silence because thoughts are private.

Question 4

Principle of Autonomy

Answer 4

The patient “owns” their information and choices and the discretion in regard to sharing personal information shifts from the practitioner to the patient.

Question 5

Winslade (Minors should have the right to refuse to medical treatments)

Answer 5

Competency determinations are subtle and nuanced for both adults and adolescents. Refusal to treatment should be characterized by a case to case basis of competency because they have a right to their own personal autonomy. Additionally, adolescents between 15-18 have acquired learning and reasoning

Question 6

Brooks

Answer 6

Autonomy is the hallmark of adulthood; adults are self determining, minors are not. At 16 sensory seeking, impulsive and risk preferring behavior are at their height. Can be emancipated if they want to make their own decisions. The law only addresses parents rights on the presumption that they will act in the best interest of the child. There are laws intact to prevent children from undergoing unnecessary harmful treatment.

Question 7

Privileged Communication

Answer 7

refers to privacy relative to court proceedings.

Question 8

Exceptions to Privilege

Answer 8

1. “Inalienable rights” are not absolute
2. Safety of others, safety of self
3. “Duces Tecum” the entire medical record being requested
4. Subpoenas: request from an attorney for info
5. Court ordered: issued demand for info from a judge

Question 9

Specific instances when court may waive privilege

Answer 9

1. Forensic Evaluations
2. Not Guilty by Reason of Insanity
3. Custody Cases
4. Probate-Wills: when two wills are made, the 2nd made when the person suffered from a mental illness.
5. Malpractice Cases

Question 10

Exceptions to Confidentiality

Answer 10

1. Consultation w/ Colleagues
2. Collection Agencies
3. Danger to self
4. Danger to others; Tarasoff case
5. Mandated reporting laws