Confidential Health Information Breached Liability

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Confidential Health Information Breached Liability

Abstract

According to some estimates, American physicians, surgeons and nurses make approximately three million mistakes every year. The vast majority of medical errors cause no short- or long-term harm to patients, but a minority proves to have an adverse effect of some kind. Some medical mistakes result from negligence on the caregiver's part. In legal terms, negligence refers to the failure of a professional to employ his or her skills effectively in a given situation. This is discussed under the HIPAA. It discusses that via emails the authenticity, privacy, confidentiality and integrity of the message and the sources should be maintained. Authenticity requires the receiver to identify the sender through proper digital certificate and secure network. Integrity refers that the message should not be altered and should be received as intended.

Confidential Health Information Breached Liability

Introduction

The bulk of malpractice legal disputes arise from arguments over whether a medical mistake resulted from negligence or simple human error. There are certain healthcare issues that are caused by these mistakes and faced by the state of Florida (AMA, 2012). Fraud, abuse and waste are widespread in the healthcare industry and generally result in increased health care costs. The most common types of fraud, abuse and waste in health care are; billing for services never rendered; billing for more expensive services than the services provided incorrect statement of diagnosis for higher payments; provision of unnecessary services in order to obtain higher payments; alteration of information on non-covered procedures for submission as medically necessary and sell ??or share the identification number of a member to submit false. Another legal health issue is patient's confidentiality which refers to safeguarding the personal health information of each individual. When a person comes for treatment to a doctor he puts his trust in the doctor and expects that this relationship of trust will not be breached. This is not only a legal but also an ethical duty of every healthcare professional including nurses, insurers, doctors and insurers. Much has been written about the doctor-patient relationship now faces a serious problem to the extent. The basis of the formal relationship between the doctor and patient are medical law, which is the main principle of patient autonomy. It follows from the obligation to obtain the patient's informed consent to all medical activities. Provided the legal validity of consent is fully informed of the health and behavior of the required consent forms. Special precautions are necessary in cases of minors, and the extension of the diagnostic performance of minor medical procedures. Provided legal doctor is correct interpersonal communication with the patient (Floridashealth.com).

Thesis statement

“It is the responsibility of health care center or institute to keep the history and detail of the patient in privacy. The Health Insurance Portability and Accountability Act of 1996, widely known as HIPAA, require healthcare facilities to protect patient confidentiality under which, patients are allowed to access their medical records at any time and request amendments of their record if they find the information they believe is ...