SDSU Law The Violation of Confidentially Discussion Response

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Student Reply That Needs to Be Responded to:

post 2: Lori

es, there has been a breach of confidentiality in this scenario. The physical therapist inadvertently accessed information about the woman’s mental health disorder while attempting to retrieve information about the daughter-in-law. This unintentional access to sensitive patient information constitutes a breach of confidentiality, as it involves the unauthorized disclosure of personal health information.

The therapist’s obligation is to ensure the privacy and confidentiality of patient information, and accidentally accessing the wrong patient’s record is a violation of that obligation. Regardless of the therapist’s discovery of the woman’s mental health disorder, the initial access to her medical record without proper authorization is a breach.

Handling this situation ethically and professionally is crucial. Here are steps that the supervisor should consider:

  1. Notification to Patient: The woman whose records were inadvertently accessed should be notified of the breach. This allows her to be informed about what happened and any potential impact on her privacy. Transparent communication is key in maintaining trust between healthcare providers and patients.
  2. Documentation and Reporting: The supervisor should ensure that a detailed incident report is created, documenting the circumstances of the breach, the therapist’s realization of the error, and any actions taken. This report is essential for internal review, compliance with regulations, and potential investigations.
  3. Staff Education and Training: The incident should prompt a review of policies and procedures related to patient information access. Additional education and training may be necessary to prevent similar incidents in the future. This could include reinforcing the importance of double-checking patient identifiers and ensuring that staff members have a clear understanding of privacy protocols.
  4. Apology and Mitigation: The healthcare institution should issue a sincere apology to the affected patient. The apology should acknowledge the mistake, express regret, and outline steps taken to prevent similar incidents. Providing information on how the organization plans to mitigate the situation can also be reassuring.
  5. Review of Access Controls: The supervisor should review and potentially revise access controls within the electronic medical record system. This could involve restricting access to patient records based on the principle of least privilege, ensuring that staff members can only access information necessary for their roles.
  6. Investigation and Corrective Action: The healthcare institution may need to conduct an internal investigation to determine the root cause of the breach and whether there are systemic issues that contributed to the incident. Corrective actions, such as additional training or changes to protocols, may be implemented based on the findings.

It’s important to approach this situation with transparency, accountability, and a commitment to protecting patient privacy. While the accidental discovery of the woman’s mental health disorder may provide context to the therapist, it doesn’t excuse the initial breach of confidentiality. The focus should be on addressing the breach, notifying the affected patient, and taking steps to prevent similar incidents in the future.

Original Discussion Prompt:

A physical therapist receives a phone call from a woman demanding to know when her daughter-in-law’s next appointment is. The therapist tells the woman that she cannot disclose any information, and the woman becomes very angry and abusive, threatening to make a complaint. After the phone call, the therapist logs into the electronic medical record system to make a note about the conversation. However, since the two women share the same last name, the therapist accidentally accesses the woman’s record instead of the daughter-in-law’s record. The therapist realizes the mistake, but not before spotting that the woman suffers from a serious mental health disorder, which might explain her behavior on the phone. The therapist mentions to her supervisor the possibility of a complaint being brought and also mentions that the woman has a history of mental health problems. Do you feel that there has been a breach of confidentiality? Why or why not? How should the supervisor handle this situation? Should the patient be notified?

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