Dr. Jones is a kidney surgeon at Red Cross Medical Center in Maryland. Dr. Jones performs over 200 kidney surgeries a ye
Posted: Mon May 02, 2022 8:36 pm
Dr. Jones is a kidney surgeon at Red Cross Medical
Center in Maryland. Dr. Jones performs over 200 kidney surgeries a
year on both children and adults. Dr. Jones was born HIV positive
and has never disclosed his HIV status to his friends or his
employer. Dr. Jones performed a surgical procedure on 15-year-old
patient, Samantha Roberts, and during the procedure Dr. Jones cut
his hand. A year later the patient, Samantha Jones now 16 tests
positive for HIV. The patient's family has demanded Dr. Jones be
tested for HIV and the results of the test be provided to the
patient and the patients family. Red Cross Medical Center has a
policy that requires mandatory testing in these situations and has
asked Dr. Jones to be tested for HIV or be terminated. Dr. Jones
has refused. Dr. Jones has been stressed about the incident since
it has occurred and has been meeting with a therapist due to
feeling anxious and depressed. Dr. Jones has disclosed to his
therapist that he is HIV positive. Samantha Robert's family is now
suing the hospital and Dr. Jones to require Dr. Jones be tested for
HIV and to require the results of any HIV test to be shared with
the patient and the family. The family’s attorney has also
requested medical records from Dr. Jones treating physician. Dr.
Jones therapist has tried to encourage Dr. Jones to disclose his
status to the hospital administrator and request confidentiality be
maintained except to disclose to the patient and their family, but
Dr. Jones refuses. Dr. Jones therapist has informed Red Cross
Medical Center of Dr. Jones HIV status.
You are a health information management director in the
hospital. You were notified of the above situation by the legal
department. You have been asked by the legal department to join an
ethics committee to discuss the litigation plan and determine the
outcome of the following questions:
1. Can the hospital require Dr. Jones to take an
HIV according to its policy? Why or why not?
2. Can the hospital disclose Dr. Jones HIV status
with the patient and the patient's family? Why or why
not?
3. Is Dr. Jones treating physician required to release
Dr. Jones medical records to Samantha Roberts family? Why or why
not?
4. Did Dr. Jones therapist violate Dr. Jones
confidentiality when the therapist told the hospital of Dr. Jones
HIV status? Why or Why not?
When answering the above questions include relevant
policies, theories and statutes related to:
1. Judicial Process of Health Information – Responses to
Legal Process
2. Judicial Process of Health Information –
Privilege
3. Ethical Standards – Ethical Concepts
4. Confidentiality and Informed Consent –
Confidentiality
5. Specialized Patient Records –
Confidentiality
6. Specialized Patient Records – Testing
7. Specialized Patient Records – Disclosure Pursuant to
Legal Process
Center in Maryland. Dr. Jones performs over 200 kidney surgeries a
year on both children and adults. Dr. Jones was born HIV positive
and has never disclosed his HIV status to his friends or his
employer. Dr. Jones performed a surgical procedure on 15-year-old
patient, Samantha Roberts, and during the procedure Dr. Jones cut
his hand. A year later the patient, Samantha Jones now 16 tests
positive for HIV. The patient's family has demanded Dr. Jones be
tested for HIV and the results of the test be provided to the
patient and the patients family. Red Cross Medical Center has a
policy that requires mandatory testing in these situations and has
asked Dr. Jones to be tested for HIV or be terminated. Dr. Jones
has refused. Dr. Jones has been stressed about the incident since
it has occurred and has been meeting with a therapist due to
feeling anxious and depressed. Dr. Jones has disclosed to his
therapist that he is HIV positive. Samantha Robert's family is now
suing the hospital and Dr. Jones to require Dr. Jones be tested for
HIV and to require the results of any HIV test to be shared with
the patient and the family. The family’s attorney has also
requested medical records from Dr. Jones treating physician. Dr.
Jones therapist has tried to encourage Dr. Jones to disclose his
status to the hospital administrator and request confidentiality be
maintained except to disclose to the patient and their family, but
Dr. Jones refuses. Dr. Jones therapist has informed Red Cross
Medical Center of Dr. Jones HIV status.
You are a health information management director in the
hospital. You were notified of the above situation by the legal
department. You have been asked by the legal department to join an
ethics committee to discuss the litigation plan and determine the
outcome of the following questions:
1. Can the hospital require Dr. Jones to take an
HIV according to its policy? Why or why not?
2. Can the hospital disclose Dr. Jones HIV status
with the patient and the patient's family? Why or why
not?
3. Is Dr. Jones treating physician required to release
Dr. Jones medical records to Samantha Roberts family? Why or why
not?
4. Did Dr. Jones therapist violate Dr. Jones
confidentiality when the therapist told the hospital of Dr. Jones
HIV status? Why or Why not?
When answering the above questions include relevant
policies, theories and statutes related to:
1. Judicial Process of Health Information – Responses to
Legal Process
2. Judicial Process of Health Information –
Privilege
3. Ethical Standards – Ethical Concepts
4. Confidentiality and Informed Consent –
Confidentiality
5. Specialized Patient Records –
Confidentiality
6. Specialized Patient Records – Testing
7. Specialized Patient Records – Disclosure Pursuant to
Legal Process