Dilemma 6


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Dilemma 6

  1. 1. Dilemma 6Terea McCarthy<br />
  2. 2. Principles in question<br />Veracity<br />Confidentiality<br />Sanctity of Human Life<br />Beneficence <br />
  3. 3. Definitions:<br />Veracity: The truth, accuracy, or precision of something, honesty, true statement. An ethical principle.<br />Confidentiality: Keeping privileged information private.<br />Sanctity of human life: Human life as the most important characteristic of being human.<br />Beneficence: Balancing what is morally right with what is legal and practical.<br />
  4. 4. In this case the FBI is requesting information and assistance in the location of a fugitive. The fugitive has a medical condition that may necessitate treatment by a medical professional. She has been known to associate with individuals who advocate the use of explosives and she has acquired explosives, herself. She also may have acquired fire arms and should be considered dangerous. She has been indicted for conspiracy which involved interstate transportation and possession of dynamite, blasting caps, fuse caps and fuse .<br />
  5. 5. If this patient presents to the HCP what do they do?<br />By treating the patient, the physician is fulfilling his obligation of justice by treating all people fairly. He also is practicing beneficence, doing only good, for the patient.<br />Now is where the real dilemmas come into play. The physical issue has been treated.<br />Now to address the ethical and moral aspects.<br />
  6. 6. Should the HCP contact the FBI? <br />If so, then has a HIPAA violation occurred?<br />What about veracity? Truth telling in it’s most basic form. If he does not notify the FBI is he in violation of any other laws? Does HIPAA have provisions for such situations?<br />What about Doctor-Patient Privilege?<br />
  7. 7. HIPPA does have a provision that addresses such situations. It is under (5) Public Interest and Benefit Activities. It is one of the twelve national priority purposes that allows disclosure of protected health information, without an individual’s authorization or permission. It can be located in the law enforcement purposes subsection, in (2) to identify or locate a suspect, fugitive, material witness or missing person.<br />http://www.hhs.gov/ocr/privacy/hipaa/understanding/summary/index.html<br />
  8. 8. The right to privacy of medical information is not absolute. Doctor’s may disclose personal information, against the patient’s will, under very limited circumstances.<br />Doctor-Patient privilege varies state to state. No federal law governs it.<br />www.enotes.com/everyday-law-encyclopedia/patient-rights<br />
  9. 9. If the HCP does not report to the FBI is he practicing veracity, beneficence, or regard for the sanctity of human life?<br />The individual has already been indicted. The HCP is aware of the extent of the issue at hand.<br />The fugitive is in possession of enough materials to be very detrimental/deadly to untold numbers of others.<br />
  10. 10. Will it be to practice beneficence, do no harm, to those others if the HCP keeps silent and the fugitive uses her fire power for destruction?<br />The sanctity of human life will surely be impacted by these decisions for many people.<br />There is also the question of other laws regarding this situation. <br />
  11. 11. The Anti-terrorism Law, Title 18>Part I> Chapter 113B>2339, addresses Harboring or Concealing Terrorists.<br />It states that who ever harbors or conceals and person who he knows, or has reasonable grounds to believe, has committed, or is about to commit an offense under any one of 11 listed sections shall be fined under this title or imprisoned not more than 10 years, or both. I do believe that the fugitive has in her possession what would be classified as weapons of mass destruction, section 2332a.<br />
  12. 12. If the reason for non- disclosure is fear of retaliation Title 18, Part II, Chapter 204,3076 covers Eligibility for the Witness Security Program.<br />www.cornell.edu/uscode/html/uscode18/usc_<br />sec_18_00002339----000-.html<br />
  13. 13. What actions will provide the MOST good for the<br />Most involved?<br />