Exam Questions and CORRECT Answers
Hippocratic oath - CORRECT ANSWER - pertains to the ethical practice of medicine
AMA's Code of Medical Ethics - CORRECT ANSWER - States that the information
disclosed to a position during the course of the physician-patient relationship is confidential to
the utmost degree
According to the AMA's Council on Ethical and Judicial, affairs what is the purpose of the
physicians ethical duty to maintain patient confidentiality? - CORRECT ANSWER - To
allow the patient to feel free to make a full disclosure of information to the physician which
gives the physician information to diagnose conditions properly and to treat the patient
appropriately
What duty is maintaining patient confidentiality? - CORRECT ANSWER - A legal duty as
well as an ethical duty
Who can a breach of confidentiality ethics result in disciplinary action against? - CORRECT
ANSWER - Disciplinary action against a physician by the AMA
Examples of persons that have made ethics of confidentiality more complicated by giving them
an interest in medical information - CORRECT ANSWER - Third parties such as
insurance companies and managed-care organizations
Electronic health information systems - CORRECT ANSWER - Increased ease with which
health information may be transmitted
Confidential information is also disseminated through what - CORRECT ANSWER -
Electronic clinical repositories and shared data bases
, When does HIPAA recommended patient information be shared electronically - CORRECT
ANSWER - If no other means of confidential sharing is available
What is the right of privacy derived from for the legal basis for confidentiality? - CORRECT
ANSWER - The constitution, statutes, and the common law
Supreme Court - CORRECT ANSWER - Has determined that a right to privacy is implied
by the constitution even though it doesn't specifically list a right to privacy
How is it determined whether a law requiring disclosure of information violates the
constitutional right to privacy? - CORRECT ANSWER - The court weighs the importance
of the governments purpose in requiring release of the information against the individual's
interest in not disclosing personal matters and making autonomous decisions
State and federal statutes - CORRECT ANSWER - Create privacy rights and
confidentiality obligations
Violations of confidentiality obligations can be the basis for this against healthcare providers -
CORRECT ANSWER - Lawsuits
Common law - CORRECT ANSWER - Also includes various causes of action for
damages resulting from improperly obtaining, disclosing, or using private information
What can a doctor be sued for, for improperly revealing medical information about a patient -
CORRECT ANSWER - Invasion of privacy or infliction of emotional distress
Doctor-patient privilege - CORRECT ANSWER - The obligation of physicians not to
testify about statements made to them by their patients
If the patient does not waive the privilege what must the doctor do - CORRECT
ANSWER - The doctor must maintain confidentiality