Sign Up Now
Get instant access to over 1 million+ study documents
OR
Already registered? click here to login
By creating your account, you agree to our terms of service, privacy policy and student honor code.
Court Case
On Duty to Warn: The California Supreme Court's response is that the defendants have a duty to protect not only to the patients but also to those individuals who may come under assault from the mental health patient. Thus, the defendants are negligent of and derelict in their duty in not warning Tatiana of the danger presented her by the patient's inclination. The defendants also should have insisted that the police detain the patient. As Berger and Berger (2009) point out, the duty to warn translates into the duty "to protect."
On Duty to Forecast Harm: The defendant has a duty to exercise care in the event that danger is foreseeable. In this case, it was evident that danger was foreseen, which is why the defendant alerted the police; however, the issue was not followed-up on and the patient was allowed to go free without further precautionary measures put into effect. Thus the defendant is liable because harm was only marginally forecast and not thoroughly forecast.
1.c.
On Medical Confidentiality: The defendant was responsible for communicating to law enforcement officials any threat to the security of others as a result of disclosures made in confidence. The defendant is not violating disclosure as the patient poses a...
To not communicate would be to not give the patient the proper assistance that he needs and would show dereliction the part of the therapist.
2.
According to Kipnis, the legal justifications for breaching confidentiality can conflict with the caregiver's moral obligation to maintain confidentiality: "The unhappy truth is that ethical obligations can conflict with legal ones ... Although law demands disclosure, professional ethics requires silence" (Kipnis, 2003). Further, Kipnis states that "to assume that legal obligations always trump or settle ethical ones is to blind oneself to the possibility of conflict." The sense of the conflict is rooted in the profession's "assurance of confidentiality," which if breached makes "such assurances fraudulent" (Kipnis, 2003). Thus, patients have a right to know that if they project harm to themselves, confidentiality will be broken. However, this raises issues as well: the patient may not divulge this information as a result of this sense of not having confidentiality. (Then again why is the patient there in the first place if not to receive help?) It is a complicated issue, as…
References
Berger, S., Berger, M. (2009). Tarasoff "duty to warn" clarified. Retrieved from http://nationalpsychologist.com/2009/03/tarasoff-%E2%80%9Cduty-to-warn%E2%80%9D-clarified/101056.html
Kipnis, K. (2003). In Defense of Absolute Confidentiality. AMA Journal of Ethics. #
10, Volume 5. Retrieved from http://journalofethics.ama-assn.org/2003/10/hlaw2-0310.html
From a utilitarian perspective, the improper disclosure of confidential health information related to HIV / AIDS is an absolute wrong. While such improper disclosure may actually be beneficial to the at-risk people in the patient's life, such as unprotected sex partners, when viewed from a societal point-of-view, such disclosure would be improper. Most people who know that they have a contagious fatal disease will take steps to limit other's exposure
Duty to Warn and Protect Ethical/Legal Issues The situation I have chosen assumes a subject of twenty years old who has attempted to commit suicide because his parents passed away in an accident recently. The subject has been under severe depression due to a string of traumatic experiences in his life. He feels despondent and is unaware of what to do. He feels that he is living without a purpose in this
Health Immunizing Your Baby, Protecting or Harming? Positives for Vaccinations Recommended and Minimum Ages for Early Childhood Vaccinations Negatives for Vaccinations Ethical Issues Vaccines against diphtheria, polio, pertussis, measles, mumps and rubella, hepatitis B and chicken pox, have given humans powerful immune guards to ward off unwelcome disease and sickness. Because of this the CDC works closely with public health agencies and private partners in order to improve and sustain immunization coverage and to monitor the
Paternalism can take a number of forms. Unfortunately, because of the governments increasing amount of interaction and funding of the medical industry, governmental paternalism can take the form of limiting funding, which affects treatment options. This form of paternalism is destructive to the health care industry, and is rarely helpful. This form of paternalism also assumes that the government or funding agency knows more about the well-being of my patient
Her carative elements strive to "honor the human levels of nursing's work and the inner life world and subjective experiences of individuals we serve" (Watson, 1997, p. 50). The 2 instances of these carative elements, which were later on altered to caritas consider 2001, in medical practice are "establishing and sustaining a helping-trusting, genuine caring relationship" and "existing to, and supportive of, the expression of favorable and adverse sensations
Advanced Nursing Ethics and Values (b) Justify the importance of ethical theory -- provide one example: The use of virtue ethics, according to the peer-reviewed Business Ethics Quarterly, is a way of providing resources for "moral thinking"; and for nurses that understand and apply virtue to their work have the background and knowledge as to what to do (that is moral) in any situation (Audi, 2012, p. 273). The virtuous nurse