Question

1. Explain in detail the strengths and limitations imposed by the principle of confidentiality.

2. Explain the inability to provide absolute protection from confidentiality of patient-provider communications.

3. Explain ways in which provider-patient communications are privileged.

Answer 1

1. Medical confidentiality is practiced by following the rules that limit access to patient information. It has its own limitations and strengths. The healthcare practitioners are strictly forbidden from revealing any patient information without the patient’s consent. They can also reveal it when there is an immediate danger to the patient or somebody else or any such rare situation that needs disclosure. Likewise, the limitations are many as in the case of Psychiatry patients, whose information about being homicidal or suicidal can be revealed by the practitioner so as to protect the patient and others from any imminent harm. Its strength lies in the nondisclosure of any patient information other than under any of the above circumstances. The disclosure of patient information is a punishable offense, which could result in unforeseen ramifications.

2. The inability to strictly adhere to the absolute confidentiality of patient-provider communications can be seen in several situations. For example, in the case of Psychiatry patients, whose information about being homicidal or suicidal, which the psychiatrist understood from the patient-provider conversation can't be kept as a confidential information. In such cases, the absolute confidentiality of information can't be guaranteed and can be revealed by the practitioner so as to protect the patient and others from any imminent harm. There are many such occasions when the patient information needs to be revealed by the providers, which shows the inability to provide absolute protection.

3. The provider-patient privilege is protected by the Health Insurance Portability and Accountability Act (HIPAA), the federal law to prevent disclosure of patient information. The extent of provider-patient privilege differs from one state to another. The sacrosanctity of provider-patient communications are upheld with the help of federal as well as state laws of provider-patient confidentiality. The patient's right to anonymity and privacy is protected by nondisclosure laws and regulations. Patient confidentiality is protected by provider-patient privilege.