Needs To Be APA Format And Must Include Reference Citations

Needs To Be APA Format And Must Include Reference Citations In All Wri

Needs to be APA format and must include reference citations in ALL writing assignments to demonstrate your research of the topic(s). You are a patient at seeing a Plastic Surgeon for a consultation. During your visit, the physician takes out his cell phone and takes several pictures of the areas for the surgery. During this process the physician explains that this will be a part of his before and after collection. Is there a problem with him using his personal cell phone and not a camera dedicated to the medical practice? Did you sign some disclaimer saying photos could be taken for non-medical purposes? How do you feel about what the physician did? Are there any violation(s)? If so, explain. How would you handle this situation? Create a 2-3 page paper to answer the questions in this case study.

Paper For Above instruction

The issue of a physician using personal devices such as cell phones to capture medical images raises significant ethical, legal, and privacy concerns. This paper explores the pertinent questions related to patient privacy, informed consent, potential violations of medical confidentiality, and appropriate responses from the patient’s perspective, grounded in current ethical standards and legal considerations in healthcare.

Firstly, the use of a personal cell phone by a healthcare provider to photograph a patient’s area for medical purposes presents multiple problems. A primary concern is the breach of patient confidentiality and privacy. Medical images are classified as protected health information (PHI) under the Health Insurance Portability and Accountability Act (HIPAA) of 1996. HIPAA mandates strict controls over the handling, storage, and transmission of PHI to safeguard patient privacy (U.S. Department of Health & Human Services [HHS], 2013). Using a personal device that may not have adequate security measures poses a risk of unauthorized access or data breaches. Unlike dedicated medical cameras integrated with secure electronic health records (EHR), smartphones often lack robust encryptions and may be vulnerable to hacking or loss, thereby exposing sensitive information (McGraw, 2013).

Secondly, the question of whether the physician had patient consent or signed disclosures is crucial. Generally, medical practitioners are required to obtain informed consent before capturing any images of a patient, explicitly explaining how images will be used, stored, and shared (Faden & Beauchamp, 2011). In cases where no explicit consent regarding photography was obtained or documented, the physician’s actions could constitute a violation of patient rights. Furthermore, if the patient was not informed that images might be used for non-medical purposes or shared outside the clinical setting, this could infringe upon the patient’s privacy rights.

The doctor’s statement that the images would be part of a "before and after collection" suggests a clinical purpose, which is common in aesthetic practice. However, even for medical documentation, professional guidelines recommend that photographers use secure, dedicated devices and obtain consent for all uses of images, including use in promotional materials or presentations (American Medical Association [AMA], 2020). The use of a personal cell phone without explicit permission or consent may violate these standards and could potentially be considered an ethical breach or malpractice.

From a personal perspective, I would feel uncomfortable and concerned about the improper handling of my privacy rights if I learned that my images were taken without explicit consent or were stored insecurely. Such actions could lead to future misuse or unauthorized sharing, which might damage my privacy and trust in the healthcare provider. According to the American Medical Association’s Code of Medical Ethics, physicians have a duty to protect patient confidentiality and obtain informed consent for all procedures that involve patient data or imagery (AMA, 2020). Failing to do so may breach ethical obligations and result in disciplinary actions.

If I encountered this situation, I would first seek clarification from the physician regarding whether my images are being stored securely and how they will be used. I would request to see the consent documents and ensure that I am comfortable with their policies. If I felt that my privacy rights were violated, I would consider filing a complaint with the clinic’s privacy officer or relevant medical board. Additionally, I might request that any images taken on personal devices be deleted and that future documentation be performed with proper, secure tools, ensuring compliance with privacy laws and standards.

In conclusion, the use of a personal cell phone by a physician to take patient images without explicit consent and proper safeguards presents ethical and legal challenges. Healthcare providers must adhere to strict standards that protect patient privacy and ensure informed consent. Patients, on their part, should be proactive in understanding how their images are used and stored, advocating for their rights, and reporting concerns when necessary.

References

• American Medical Association. (2020). Code of Medical Ethics. https://www.ama-assn.org/delivering-care/ethics
• Faden, R. R., & Beauchamp, T. L. (2011). A history and theory of informed consent. Oxford University Press.
• McGraw, D. (2013). Building a secure personal health record environment: Potential risks and solutions. Journal of Medical Internet Research, 15(6), e113. https://doi.org/10.2196/jmir.2554
• U.S. Department of Health & Human Services. (2013). HIPAA Privacy Rule and its implications. https://www.hhs.gov/hipaa/for-professionals/privacy/index.html