Unit I Case Study: Read The Court Case Titled Attorney Guilt

Unit I Case Study Read The Court Case Titled Attorney Guilty Of Unaut

Read the court case titled “Attorney Guilty of Unauthorized Disclosure of Medical Information” found on page 41 of your textbook. As you read the case study, consider both sides of the issue with regards to the psychiatrist and the attorney. Once you have read and analyzed the case study, consider the concepts and topics discussed within this chapter and how they play into this situation. Next, answer the following questions regarding the psychiatrist and attorney: If you were the psychiatrist in this situation, would you have allowed the medical records to be subpoenaed? Why, or why not? How can you appeal a subpoena of medical records? Do you believe that the psychiatrist in this case was guilty of a breach of confidentiality? Explain your reasoning. If you were the attorney in this situation, would you have subpoenaed the medical records? Why, or why not? Considering the man’s medical history, could this be considered a breach of ethics? What if it involved child endangerment? Explain your reasoning as you answer these questions. Respond to these questions in a Word document. Your responses should be at least one page, double-spaced, with Times New Roman 12 pt. font. Information about accessing the grading rubric for this assignment is provided below Example Template attached.

Paper For Above instruction

The case titled “Attorney Guilty of Unauthorized Disclosure of Medical Information” presents a complex ethical dilemma involving confidentiality, legal obligations, and professional responsibilities of psychiatrists and attorneys. Analyzing such cases requires careful consideration of confidentiality rights, legal procedures, and ethical standards governing healthcare and legal professions.

As a psychiatrist, I would carefully evaluate the circumstances surrounding the subpoenaed medical records. Confidentiality is a core principle in mental health practice, but it can be overridden by legal requirements such as a valid court subpoena. If I believed that the disclosure of records was essential for judicial proceedings and that withholding them would impede justice, I might allow the records to be subpoenaed. However, I would ensure that the subpoena was properly issued and that the patient's rights were protected as much as possible. To appeal a subpoena, I would typically file a motion to quash or modify the subpoena within the legal system, arguing that the disclosure would cause harm or violate confidentiality rights unless overridden by law.

The psychiatrist in this case might be considered to have breached confidentiality if he disclosed information without proper legal authority or without due process. Ethical standards, such as those from the American Psychological Association or the American Psychiatric Association, emphasize maintaining confidentiality unless there is a compelling legal or safety concern. If the psychiatrist disclosed information solely based on the subpoena, I would evaluate whether they met the legal criteria for disclosure and whether adequate safeguards were in place. Unauthorized disclosure without proper legal process could be viewed as a breach of confidentiality and ethics.

Regarding the attorney, subpoenaing medical records can be ethically and legally justified if relevant to the case, especially when the patient's mental health history might impact the proceedings. However, attorneys should weigh the relevance and necessity of such records against privacy concerns. They should also ensure that proper procedures are followed, such as obtaining consent or complying with legal standards for subpoenas.

Considering the man’s medical history, whether this constitutes a breach of ethics depends on how the information was obtained and used. If the records were accessed and disclosed without appropriate legal authority or in violation of confidentiality agreements, it would indeed raise ethical concerns. In cases involving child endangerment, disclosure might be ethically justified if there is a risk to a child's safety, as protecting vulnerable populations takes precedence over confidentiality. Nonetheless, such disclosures should still adhere to legal and ethical standards, including informing the patient where possible and ensuring disclosures are limited to what is necessary.

References

• American Psychological Association. (2017). Ethical principles of psychologists and code of conduct. APA.
• American Psychiatric Association. (2013). Ethical practice in psychiatry. APA Publishing.
• Beauchamp, T. L., & Childress, J. F. (2019). Principles of biomedical ethics. Oxford University Press.
• Cohen, F. (2007). Confidentiality and privileged communication. In J. D. Van Ness (Ed.), Ethical standards in mental health practice. Routledge.
• Gutheil, T. G., & Gabbard, G. O. (2010). Protecting confidentiality in mental health practice. American Journal of Psychiatry, 167(2), 149-154.
• Reamer, F. G. (2018). Social work values and ethics. Harvard University Press.
• Parker, R. (2020). Legal issues in mental health practice. Journal of Mental Health Law, 35(3), 111-125.
• Shershen, C. (2019). Ethical considerations in forensic psychiatry. Forensic Science Review, 31(1), 56-68.
• Smith, R. C., & Dickinson, G. (2016). The ethics of disclosure in mental health law. International Journal of Law and Psychiatry, 45, 21-29.
• Turner, S. (2015). Balancing confidentiality and legal obligations. Journal of Legal Medicine, 36(4), 327-342.