Research Paper On Breach Of Confidentiality

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Breach of Confidentiality Natasha Dawson Medical Law and Ethics Felicia Stokes 05/24/13 1 Breach of Confidentiality A breach is a neglect of an understanding between two parties; failing to perform a legal duty. The plainiff contends Patient-Doctor confidentiality was breached. A woman is charged for homicide of her baby, and she believed her confidentiality had been breached. A woman is facing a case against her for the death of her child. The baby was found in a garbage bag inside the ladies house. The woman filed for re-inspection by the court to determine the evidence since it was acquired through the violation of the physican-patient privileged communication. A testimony was given by a medical technician that she received a call that the daughter of the caller was bleeding. When the technician arrived at the house the defendant was found on the toilet sweating, clammy, and blood clots on the floor. The medical technician asked the defendant if she was pregnant or recently pregnant and she answered no. The defendant was then taken to the hospital. Another testimony was given by the police officer that responded to an order given to him by his supervisor telling him…show more content…
I believe it could have been explained to the defendant that in her situation the law would not pertain to her incident because of the tarasoff exception. In this case the baby's life was in danger so the privilege can be overcome provided that the patient demonstrates clear and present danger to a third party. The evidence acquired was admissible due to the tarasoff exception, so the defendant was charged with murder of the second degree, manslaughter counts in the first and second degree and endangering the welfare of a child(Bilkis, Stephen, April 19, 2012, New York personal injury lawyer blog,

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