The secrecy of the individual information about the patients is the primary issue in the ethics of medicine since every person has a legal right for the protection of personal health data (De Bord par. 2). Nevertheless, in the exceptional cases, the regulation may be breached. Specifically, there are three categories of the conditions, under which the rules of confidentiality may be breached. Thus, the disclosure of the personal medical data may be sustained out of the patient’s consent, for the sake of the community interests, and, according to law requirements. Primarily, the individuals have a right for breaching their personal medical confidentiality either in the explicit form or in the implied model. The explicit consent for medical information disclosure can not be called a breach but rather a willful revelation of one’s health data. Concerning the implied consent, it refers to the patients, who are disabled to show the signs of breach acceptance but their health situation requires it. In the latter case, the breach is attained through the assistance of Mental Capacity representatives (Blightman 12). The disclosure of medical information, which is sustained, according to the legal orders, often stems from the necessity to use the private data in certain law cases. Therefore, such data revelation, which is supported with the help of the corresponding legal documentation, can not be considered a breach as well. Finally, the interests of the society may require health information disclosure in such cases as contamination threats.
Every individual has certain medical history and specific medical concerns. Therefore, health records were devised with an aim of allowing the patients keeping their clinical data in one common place (“What Is a Personal Health Record?” par. 5). The records help people to manage their health requirements as well as assess the physicians in the determination of specific diagnosis, which often stem from the previous clinical concerns of a patient. Both a user of medical services and a clinical worker have to be well aware of the information, which is, traditionally, provided in health records. Thus, primarily, a compilation of information about the patient must contain the contact data about his/her doctor so that the respective person could be easily addressed. Secondly, health record, usually, provides some information about the allergies of the patient and the medication, which is or was taken by a record holder. Thirdly, medical scripts include some chronic diseases of a patient (if any) as well the dates and descriptions of the surgeries (if any). Finally, a critical component of a health record is the history of patients’ immunization and family history. The optional constituents of clinical script embrace dietary preferences, the data about blood pressure and cholesterol level (“Personal Health Record: A Tool for Managing Your Health” par. 5).
The disclosure of personal health data after the patients’ death relies on multiple factors. In general, the primary indicator of the confidentiality breakage stems from the desire of a deceased person. Thus, if a patient has mentioned that the disclosure of his clinical history is forbidden after his death, it is essential to follow the desire of a deceased (“Confidentiality Guidance: Disclosure after a Patient’s Death” par. 7). However, if the suggestion was not made, the medical worker may decide whether to reveal the private data or not by taking into account the interests of the patient’s family. In exceptional cases, for instance, in law cases, with the purpose of health surveillance or the community interests, the medical worker is entitled to break patient confidentiality to any desirable extent (“Confidentiality of Medical Information Postmortem” par. 8).
Works Cited
Blightman, Kevin. “Patient Confidentiality: When Can a Breach Be Justified?” Medicine & Health 22.3 (2013): 11-23. Print.
Confidentiality Guidance: Disclosure after a Patient’s Death 2013. Web.
Confidentiality of Medical Information Postmortem 2014. Web.
De Bord, Jessica 2013, Confidentiality. Web.
Personal Health Record: A Tool for Managing Your Health 2014. Web.
What Is a Personal Health Record? 2012. Web.