Privacy & Confidentiality CS2 - Case Study Example

In a case featuring criminal conducts, there may be challenges to the patient’s rights to have confidential and private health care. Pauls et al (2004) provides a case study of the body packer, for instance, as one of the contexts that need in-depth considerations regarding issues of patient privacy and confidentiality. While patients hold the right to privacy and confidentiality in health care provision, situations emerge when such rights infringe that of the community. It is noteworthy that health care providers hold the right to consider legal responsibilities while undertaking duty.

In situations when they have access to patients’ database, they should maintain privacy and confidentiality in their duty (Shortliffe & Cimino, 2006). The case of the body packer is a relevant example of possible dilemma that occurs in relation to privacy and confidentiality in the field of medicine. In situations where the patient has records of criminal activity, law enforcement authorities have the right to access such critical information. While the public has the right to information about the criminal offence committed by the patient, the patient holds the right to receive medication with utmost confidentiality.

The physician should offer the required medication while respecting the decision by the patient to have information about the criminal activity remains secretive. Being a responsible citizen, the health care provider should bear the responsibility of helping fight the act of crime committed by the patient. This scenario causes a serious dilemma, as far as confidentiality is a concern for the two parties involved. Several ethical principles are applicable in the case and may restrict possible actions of the physician or the patient.

Non-malfeasance principle restricts the physician from disclosing any piece of information about the patient (Chattopadhyay, 2010). According to the principle, the physician should keep any communication with the patient open and secretive. The ethical principle, therefore, restricts the physician from disclosing the criminal activity, conducted by the patient, to the public. The law enforcement authority may not access the information, as well. A clear understanding of ethical theories applicable in diverse contexts is vital in getting the best solution in a case that involves privacy and confidentiality of in health care.

According to the utilitarian theory, any action that would have the least impact should be a priority over other proposed actions (Lundy & Janes, 2009). In the case, the patient proposes a return of the drug into the vagina, which would imply serious health effects Pauls et al (2004). The physician, therefore, should consider performing an operation that would have the least effect on the patient. Returning the drug into the patient’s vagina would cause serious harm to her health and would not be the best option.

In as much as maintaining privacy and confidentiality is vital, as an ethical consideration in health care provision, there are contexts when the expert holds the right to breach it. Drug trafficking is a serious violation and most likely to affect the health of the public. Considering the threat to public health posed by consumption of drug