Court Rulings on Confidentiality in Healthcare

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Table of Contents

Introduction
A Comparison and Contrast of Two Court Decisions
Similarities and Differences
Influence on Confidentiality
Impact on Clinical Work
Conclusion
References

Introduction

Confidentiality is essential in healthcare, and practitioners must ensure that patient information is protected. This paper provides a comparison of two court cases namely the Tarasoff v. Regents of California (1976) and Estates of Morgan v. Fairfield Family Counseling Center (1997). The two court scenarios compared and contrasted in numerous ways that have significant influence on today’s rulings. It explains how the two scenarios have impacted confidentiality practices in the counseling profession.

A Comparison and Contrast of Two Court Decisions

The Tarasoff v. Regents of California (1976) and Estates of Morgan v. Fairfield Family Counseling Center (1997) court decisions enhanced the confidentiality terms in mental healthcare. Various judicial decisions were considered to guide mental health professionals on issues regarding patient confidentiality. The two cases presented in this paper have significant implications on legal dimensions of breaching client’s privacy (Conrad, 2020). This paper compares and contrasts the cases against each other establishing their various differences and similarities.

Tarasoff v. Regents of California (1976)

This scenario presents the case of a male patient, Prosenjit Poddar, who expressed interest to kill Ms. Tarasoff, a university student, who he had met in an entertainment venue. Ms. Tarasoff was unaware of Poddar’s ill intentions that would lead to her death later. The patient confided his intention to kill the female student to his psychologist, who reported the issue to the appropriate authorities. Although Poddar was arrested, he was later released and the victim and her family were never informed of the impending events that would result in the tragedy (Conrad, 2020). Failure and negligence to take an appropriate course of action to safeguard the life of Ms. Tarasoff by the involved parties directly led to her death. It was later ruled out that public safety was more important than safeguarding the confidentiality between the patient and his counselor.

Estates of Morgan v. Fairfield Family Counseling Center (1997)

The Estates of Morgan v. Fairfield Family Counseling Center (1997) case involved a male character, Matt Morgan, who in his deep thoughts planned to harm his parents. Various sources indicated that Morgan had been taking medications for his mental condition. However, he had stopped taking them for a while when his violent behavior resurfaced. In the end, Morgan killed his parents, triggering a series of events that led to his apprehension.

Similarities and Differences

The most notable similarity between the two cases is safeguarding the parties in danger once a patient is perceived to pose significant threats to other people. In both Tarasoff and Morgan, the therapists contacted the relevant authorities in favor of the victim’s safety. Another similarity in both cases is that both Podder and Morgan were denied proper mental health care practitioners, which affected the patients (Conrad, 2020). While the responsibility to warn Podder’s girlfriend of danger is prioritized in Tarasoff’s case, the duty to control treatment and assess propensity of threat dominates Morgan’s scenario.

Influence on Confidentiality

In both cases, there was an expression of warning in different dimensions. The scenarios revealed the need to breach confidentiality to protect life. The cases showed that individuals have a moral obligation to make decisions that infringe private information in favor of protection (Remley & Herlihy, 2016; Appel, 2019). The resulting rulings from both court situations emphasized the importance of breaking confidentiality to safeguard people from harm.

The rulings led to deviance from discretion, prompting professionals in mental healthcare to breach the privacy of clients. Section B.2 of the ACA Code of Ethics supports breach of confidentiality in cases that involve danger, contagious diseases, and court-ordered disclosures (Remley & Herlihy, 2016). However, it is necessary to establish and maintain clear boundaries to avoid friction with patients. As a result, counselors must consult with other professionals when in denial to ensure validity of a breach (ACA Code of Ethics, 2014). Therefore, they should determine the sensitivity of the issue at hand before disclosure.

Impact on Clinical Work

Protecting patient information is a critical moral obligation among care givers, as outlined in the American Counselling Association (ACA) Code of Ethics. Healthcare practitioners must understand that some life-threatening instances may necessitate the breach of confidentiality. In such cases, it is important to communicate to the involved parties to update them on the ongoing developments. Expectations in the ACA Code of Ethics, found in Section B2, outline instances where confidentiality must be infringed (ACA, 2014). As such, the officials in charge ought to make decisions aimed at protecting the life of the person in danger.

Following the court decisions, there was a significant change in ensuring privacy for patient information. Although the rulings clarified the importance of confidentiality, the resulting agreement on this issue must be categorized into cases of serious and foreseeable damage. Consequently, mental health practitioners have a responsibility to safeguard both parties from harm.

Conclusion

Both Tarasoff v. Regents of California (1976) and Estates of Morgan v. Fairfield Family Counseling Center (1997) cases have significant implications on ethical conduct in society. Students pursuing counselling careers must recognize situations that necessitate breaking confidentiality without seeking permission from patients. The knowledge obtained from the two cases is important for nurturing effective counselors who will create safe environment for clients and society as a whole.

References

American Counseling Association (ACA). (2014). 2014 ACA code of ethics. Web.

Appel, J. M. (2019). Trends in confidentiality and disclosure. Focus, 17(4), 360-364.

Conrad, R. (2020). Legal and ethical challenges in the psychiatric treatment of college students. Current psychiatry reports, 22(9), 1-4.

Estates of Morgan v. Fairfield Family Counseling Center, 77 Ohio St. 3d 284 – 285 (Cal. 1997).

Remley, T. P., Jr., & Herlihy, B. (2016). Ethical, legal, and professional issues in counseling (5th ed.). Pearson.

Tarasoff v. Regents of University of California, 17 Cal. 3d 425 (Cal. 1976).

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