CLINICAL LAB SCIENEC

CHAPTER 3: MEDICAL LAW, ETHICS, AND MORAL ISSUES OF HEALTH CARE 69
that are most likely to occur are prioritized
and management attempts to reduce the risks
by appropriate supervision and training of the
workers. Some level of risk is inherent in the
health care industry, and strategies for dealing
with this risk involve transferring the risk
to another party through insurance coverage.
This coverage aids the health care facility in
avoiding the risk, reducing the negative effect
of the risk, or accepting some or all of the consequences
of a particular risk.
Medical Law and Privacy
Medical law and privacy are also interwoven,
similar to the inseparable relationship
between morality and ethics. Privacy, however,
is not the only aspect of medical law but
is of sufficient importance to have warranted a federal law to protect
the confidentiality of patients and their records from intrusion
by those not involved in the direct treatment of the patient,
or for use in solicitation of sales, or for stealing the privacy of a
patient.
Confidentiality of Medical Information and Records
FIGURE 3-1 Any information obtained from the patient is considered
confidential.
Source: Delmar/Cengage Learning.
Any information obtained by the medical facility from a patient
or any privileged information about the patient is considered
confidential (Figure 3-1). This information includes the patient’s
history, diagnosis, and plan of treatment or current condition.
The medical worker is not even allowed to reveal that a patient is
being treated, in most cases. The only time this information may
be shared with others is when a signed release statement has been
prepared or when imparting information to another medical care
provider who has the need to know the information. Information
for insurance purposes and information transmitted to another
medical care professional for continuity of care is allowed within
established guidelines. HIPAA guidelines covering confidentiality
will be discussed later in this chapter. The medical care worker
should never discuss anyone’s condition or treatment or any personal
information with anyone who does not have the right to know, even family
members. The only time to discuss a patient’s medical condition with family
members is when a patient has given written permission for family members
to act on his or her behalf, as with a living will. It is quite easy to disclose that
a patient was treated in your facility without intentionally revealing any pertinent
information. However, even this is not acceptable under the provisions of
federal law.
Critical Reminder
Legal Aspects of Records
Protection
1. Hospital documents are always legal
documents and must not be altered
except as policy allows. Some types
of records are never disposed of, but
kept in an electronic format.
2. Legal requirements require that the
categories of who, how, and when
work is done, and by whom it was
ordered are documented. Often,
insurance reimbursement will be
denied in the absence of this information.
3. Dispensing of results to the patient
is normally done only by the physician
or his or her designated practitioner.
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