CLINICAL LAB SCIENEC

CHAPTER 3: MEDICAL LAW, ETHICS, AND MORAL ISSUES OF HEALTH CARE 75
confidential. A patient may ask that any medical
consultation be done at his or her home or in
a private office where access is limited to those
performing the consultation or procedure (Figure
3-4). Most medical treatment facilities and professionals
take the responsibility of safeguarding
private information from their patients most seriously,
as they could be successfully sued if they
are careless with the information. There have been
cases of suits against a medical office or facility
when records were carelessly discarded in waste
containers in a form that could easily be read and
where others could retrieve the records.
Consumer Complaints
Patients may file complaints where they suspect that
violation of privacy has occurred. These concerns
may be made in writing directly to the covered provider
or health plan or to HHS’s Office for Civil
Rights. Even large corporations, such as pharmaceutical
manufacturers and government agencies, are
subject to sanctions for violations of personal privacy
issues. Only information that is necessary to process
medical claims for insurance purposes and, in some
cases, for research to determine the usefulness of certain
medications and procedures may be solicited from medical professionals. In
most cases, patients give their permission for dissemination and use of their personal
information, with or without identification of the patients. Patients are under no
requirement to release any of their information if they choose not to do so.
Summary
FIGURE 3-4 Importance of the practice of confidential
communication.
Source: Delmar/Cengage Learning.
Ethics, morals, and legal issues are all intrinsically interwoven. It is difficult to
separate the three entities entirely. Laws were originally based on morals, so they
often were of a religious basis, such as the Ten Commandments. It appears that
ethics evolved from customs in many societies, so the approach to ethics between
ethnic and cultural groups differs widely. Some theocratic countries have a legal
system that is based on religion. As society advanced, the distinction between
religion and law became slightly more defined, but culture and religion remain
the bases of the legal system. Health care is based on the worth of the life of the
individual and is considered a right for everyone by some politicians and average
citizens.
Law is based on ethics, and medical law is no exception. There are a few
legal issues related to medical law that one would do well to remember. First,
all hospital and other medical records are legal documents. They should not be
disposed of or altered. Each piece of documentation is required to be identified
as to time and date, who performed the work, and any relevant notes. The
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