Final Paper On Healthcare Ethics And Medical Law Analysis ✓ Solved

Final Paper on Healthcare Ethics and Medical Law Analysis

The final assignment for this course is a Final Paper. The purpose of the Final Paper is for you to culminate the learning achieved in the course by applying your knowledge in the field of health care ethics and medical law through the analysis of an actual case regarding an ethical dilemma. Focus of the Final Paper Review the three scenarios below. Choose one of them and address the questions asked within your selected scenario in the form of a written analysis.

Scenario No. 1: HIPAA Privacy Rule Case Study: Imagine that you are the privacy officer for a small town hospital. You receive a report that there is a breach of privacy. You are informed that a 15-year-old girl is received at the emergency with an emergency labor. The baby is delivered in the emergency room as there is no time to move the patient to the obstetrics (OB) department. In addition to the emergency delivery, the baby is born with multiple medical problems. Once the mother and baby are moved to obstetrics and neonate, care is given to both.

The OB nurse who took care of the mother and baby completes her shift, and she goes home to her own daughter to have a talk with her. She sits her daughter down and pleads with her to tell her if she ever has any problems, especially when it comes to pregnancy. The nurse tells her daughter the story about the young patient who delivered that evening, and she accidentally mentions the patient’s name. The patient’s name is one of those odd names that immediately triggers the nurse’s daughter to relay that she knows the patient. The mother/nurse, realizing that she made a big mistake by mentioning the patient’s name, pleads with her daughter not to say anything.

Needless to say, word shoots through the four high schools in the town the next day. The nurse returns to work the following evening, and she contacts you to hand in her badge and keys, stating that she knows she made a mistake by breaching the young patient’s privacy and she knows she is going to be fired. In addition to the breach of the obstetrics nurse, you learn that the patient hid her pregnancy from her family, and to make matters worse, her aunt and mother are both nurses at the hospital. You know both of these nurses on a professional and personal level.

Research and Analysis:

• Research the HIPAA Privacy Rule: U.S. Department of Health and Human Services. (2013). Health Information Privacy
• Perform additional research regarding the HIPAA Privacy Rule.
• Analyze the specific requirements needed to perform this investigation.
• Identify whether this incident was an actual breach of privacy according to HIPAA law.
• Examine the differences and similarities between the hospital’s stance and HIPAA regarding whether the nurse should be fired.
• Explain why you would decide to fire or not fire the nurse immediately or whether to put her on administrative leave awaiting further investigation.

Instructions:

Prepare a comprehensive final paper that analyzes the ethical and legal issues surrounding this scenario. Structure your paper with an introduction, main body, and conclusion. Support your arguments with credible sources, cite appropriately in APA style, and ensure your paper is between 8-10 pages, excluding references.

Sample Paper For Above instruction

Sample Final Paper: Ethical and Legal Analysis of a HIPAA Privacy Breach Case

Introduction

Protection of patient privacy is a cornerstone of healthcare ethics and law, particularly under the Health Insurance Portability and Accountability Act (HIPAA). This paper analyzes a hypothetical breach of HIPAA privacy rules involving a small-town hospital’s emergency case, focusing on the legal requirements for investigation, breach determination, and personnel decisions. By scrutinizing the specifics of the scenario, I will evaluate whether the incident constitutes a breach per HIPAA regulations and critically assess the hospital's response relative to legal and ethical standards.

Understanding HIPAA Privacy Rule

HIPAA's Privacy Rule establishes standards for safeguarding protected health information (PHI). It delineates what constitutes PHI, the permissible uses and disclosures, and the rights of individuals regarding their health information. A breach occurs when unsecured PHI is accessed, used, or disclosed without authorization, leading to potential legal penalties (U.S. Department of Health and Human Services, 2013).

Analysis of the Incident

In the scenario, the OB nurse disclosed the patient’s name to her daughter, which is a breach of confidentiality. According to HIPAA, even accidental disclosures of identifiable PHI to unauthorized individuals are considered breaches, particularly if they compromise privacy or could lead to identifiable harm (U.S. Department of Health and Human Services, 2013). The nurse’s intent does not mitigate the breach—only the severity and scope determine the breach's classification.

Critical to the investigation is establishing whether the PHI was unsecured or improperly disclosed. Given that the nurse publicly discussed sensitive information in a community with close social overlaps, the likelihood of harm or breach severity is high. As mandated by HIPAA, institutions must conduct breach assessments to evaluate the probability that PHI has been compromised, considering the nature, extent, and cause of the alleged breach (McCullough, 2005).

Procedural Requirements for Investigation

HIPAA stipulates that investigations must be prompt, thorough, and documented meticulously. The hospital's privacy officer should collect evidence such as interview transcripts, the nurse’s explanation, and consultation with the hospital’s privacy board. Following the investigation, a report should determine if the breach was unintentional or willful, assess potential harm, and recommend appropriate action. Notably, if the breach involves unintentional disclosures by a healthcare worker, corrective training or disciplinary measures are warranted, depending on the breach's severity (Vernillo, 2008).

Is this a HIPAA Breach?

Based on HIPAA definitions, the disclosure of the patient’s identity and medical information to unauthorized persons—here, a minor’s family—constitutes a breach unless it qualifies under exceptions such as inadvertent disclosures within the scope of employment. However, in this case, the nurse’s disclosure was not part of her official duties but a private conversation, which constitutes a breach of confidentiality. Thus, yes, it qualifies as a breach under HIPAA regulations (American Medical Association, 2013).

Hospital’s Response and Ethical Considerations

The hospital’s stance might be to terminate the nurse’s employment due to the breach. However, from an ethical perspective, the hospital should assess the breach's context and whether the violation was intentional or accidental. According to ethical standards, punitive actions should be proportionate to the breach’s severity, intent, and impact. HIPAA emphasizes corrective action—such as retraining and policy reinforcement—over immediate termination unless malicious intent or gross negligence is evident (Martin, 2008; McHale, 2013).

Personnel Decisions

Given the hospital's duty to protect patient privacy and the potential harm from the breach, immediate administrative leave pending investigation could be justified to prevent further harm and demonstrate a commitment to confidentiality. Firing the nurse outright might be premature without a thorough inquiry that considers her intent, awareness, and the hospital’s training protocols.

Conclusion

This case underscores the importance of understanding HIPAA’s confidentiality mandates and the balance between disciplinary action and ethical responsibility. While the breach was apparent, appropriate investigation and corrective measures are essential before making personnel decisions. Ensuring consistent staff training and fostering a culture of privacy can mitigate future breaches, aligning legal compliance with ethical standards.

References

• American Medical Association. (2013). AMA’s code of medical ethics. Retrieved from https://www.ama-assn.org
• McCullough, L. (2005). Practicing preventive ethics – the keys to avoiding ethical conflicts in health care. Physician Executive, 31(2), 18–21.
• McHale, J. V. (2013). Ethical, cultural, and spiritual dimensions of healthcare practice. Nursing Ethics, 20(4), 365–374.
• Martin, W. F. (2008). Is your hospital safe? Disruptive behavior and workplace bullying. Hospital Topics, 86(3), 21–28.
• U.S. Department of Health and Human Services. (2013). Health Information Privacy. https://www.hhs.gov/hipaa/for-professionals/privacy/index.html
• Vernillo, A. (2008). Preventive ethics and rural healthcare: Addressing issues on a systems level. American Journal of Bioethics, 8(4), 61–62.
• Vernillo, A. (2008). Preventive ethics and rural healthcare: Addressing issues on a systems level. American Journal of Bioethics, 8(4), 61–62.
• U.S. Department of Health and Human Services. (2002). Standards for privacy of individually identifiable health information. Federal Register, 67(157).