2. What are the causes of action for improper disclosure of health information? Of these, which seem the most likely to succeed? The least likely to succeed?
3. A cause of action for the improper disclosure of health information may result from either a negligent or an intentional act. Using the elements of negligence, give an example of a negligent disclosure of health information. Using the element of intent, give an example of an intentional disclosure of health information.
Expert Solution Preview
Introduction:
The privacy and confidentiality of patient health information is a fundamental aspect of medical practice and is required by law. Improper disclosure of health information can lead to legal action, and it is essential for medical students to understand the causes of action for this issue.
2. What are the causes of action for improper disclosure of health information? Of these, which seem the most likely to succeed? The least likely to succeed?
The causes of action for improper disclosure of health information include:
a) Negligence – Occurs when there is an inadvertent disclosure of health information that breaches confidentiality. For example, if a healthcare provider accidentally leaves a patient’s chart open on a computer screen, allowing unauthorized individuals to see the information.
b) Intentional disclosure – Occurs when there is a deliberate, unauthorized, or unlawful disclosure of health information. For example, a healthcare provider intentionally sharing a patient’s information with unauthorized personnel.
c) Breach of Contract – Occurs when a healthcare provider violates the terms of an agreement with a patient or organization.
d) Invasion of Privacy – Occurs when a patient’s privacy rights are violated through the disclosure of health information.
The most likely cause of actions to succeed are intentional disclosure and invasion of privacy, as these are clear violations of patient privacy rights. The least likely cause of action to succeed is negligence because it requires proof that the healthcare provider did not take reasonable precautions to protect the patient’s information.
3. Using the elements of negligence, give an example of a negligent disclosure of health information. Using the element of intent, give an example of an intentional disclosure of health information.
Negligent disclosure of health information can occur when a healthcare provider fails to take reasonable precautions to prevent unauthorized access or dissemination of patient information. For example, if a physician sends a fax to the wrong number, and the recipient is not authorized to receive the information, it can be considered a negligent disclosure of health information.
Intentional disclosure of health information occurs when a healthcare provider knowingly and willfully shares patient information with unauthorized personnel. For example, if a healthcare worker shares a patient’s sensitive medical information with their friends or family members, knowing that they do not have a legitimate reason to know that information, it is considered an intentional disclosure of health information.
