Law and Ethics in Healthcare - Essay Example

Therefore, this paper examines HIV/AIDS and confidentiality, which are healthcare issues arising from the conflict between law and ethic values. Salient ethical and legal concerns associated with HIV/AIDS and Confidentiality Safken & Frewer (2007) indicate that law and ethics postulate that medical information demands confidential treatment; thus, the law focuses on protecting such information. Consequently, care providers have an compulsion of promoting confidentiality in their activities. Indeed, HIV-related information has been subject to additional protections because of their sensitiveness.

Care providers can only reveal such information based on court orders or the patient’s own will. Initially, patients are protected by regulations that promote personal privacy; hence, a care provider who releases such information infringes into one’s privacy. Although this is important in protecting patient against social exploitation, the process creates health concerns (McLean & Mason, 2003). This apparent since holding information is sometimes not rational as the practice may invite detrimental effects on other parties.

According to McLean (2006), the responsibility of countering the harm from spreading to other parties binds care providers. For instance, care providers have a duty of protecting persons with high threats of infection. Additionally, concerns of promoting public health may demand a disclosure of such information. It is worth noting that disclosing information may be essential for individuals who engage in duties that present risks to their clients. These principles present strong moral and legal concerns to care providers in healthcare.

Important primary ethical principles for managing the presented issues Healthcare providers can utilize concepts presented by some primary ethical principles in addressing this case. An ideal scheme that can inform healthcare providers is the standard of beneficence. Beneficence advocates for an idea of doing good that demands one to analyze the matter critically to institute the best position of addressing the concerns (McLean, 2006). Importantly, the beneficence demands one to adopt the most genuine position while considering the necessity of bettering the condition of the involved parties.

Since the HIV/AIDS and confidentiality subject, present a controversial environment, genuine assessment is the only solution to the case. This means that healthcare providers should access the implication of each procedure to identify the best approach to accord to the matter (Leslie & Bernard, 2001). Additionally the ideology of concert could be beneficial in addressing the concerns. This principle binds competent individuals with a responsibility of presenting their professional advice to the society (McLean & Mason, 2003).

Professionals may adopt the knowledge of the principle in situations where parties involved fail to present genuine decision due to their state (Leslie & Bernard, 2001).The issues presented by the HIV/AIDS confidentiality do not entirely mean that the patients may not be in position of adopting reasonable decision as per the demands of the principle of consent. However, the rationality of the practice emerges by the fact that, the environment presented by the health issues raised may demand informed advice (Kaur, 2008).

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