Waiver The Basic Rule In contrast to the duty of confidentiality, the attorney-client privilege is the evidentiary principle that confidential communications between attorneys and their representatives and clients and their representatives and even prospective clients that are made for the purpose of obtaining or rendering legal advice, and not in furtherance of a crime or fraud, cannot be compelled. A representative of the lawyer is generally a person employed by the lawyer to assist the lawyer in rendering professional legal services. The representative of the client is a more complex concept because clients who are organizations must act through individuals but yet not all individuals involved with an organization should be seen as having the power to engage with the lawyer so as to invoke the privilege. Jurisdictions have varying approaches to delineating who may be a representative of a client especially when organizational clients are involved.
Duty to Warn Conundrum The Confidentiality vs. Duty to Warn Conundrum This report will examine the ethical conundrum of patient confidentiality vs. We will write a custom essay sample on The Confidentiality vs.
Deoxyribonucleic acid, or DNA, is made up of genes and is contained in the nucleus of cells in the human body and its purpose, simply put, is to instruct the body on how and when various proteins should be constructed Geneticshomereference.
These instructions are constructed, and subsequently differ from organism to organism, by the pairing and subsequent alignment of four bases; adenine thymine, guanine and cytosine.
This alignment is known as a double helix See Appendix 2 for image. Proteins, which are made up of amino acids, are an essential part of all living organisms and are necessary for growth and muscle development Google Dictionary: In humans, when a male sperm cell and a female egg cell combine to produce a zygote, specific genes from the two parents are combined.
The genes that are selected for this new child are based on their dominant or recessive qualities. Genetic mutation is defined by Wordnetweb. This mutation can occur for a variety of reasons; exposure to radiation, environmental factors including ultra-violet light or genetic construction errors.
Male sperm cells contain either an XY or XX pattern on their chromosome; an XY pattern eventuates in the creation of a male, while an XX pattern eventuates in a female.
Limits of Confidentiality and Privilege: A Legal Analysis Often, the terms confidentiality and privilege are used interchangeably to describe the same general phenomenon—keeping information about a . GenEthics: The Confidentiality vs. Duty to Warn Conundrum GenEthics: The Confidentiality vs. Duty to Warn Conundrum This report will examine the ethical conundrum of patient confidentiality vs. a doctor’s duty to warn a patient of a potential health risk (see Appendix one for scenario). What does the duty of confidentiality require? The obligation of confidentiality prohibits the health care provider from disclosing information about the patient's case to others without permission and encourages the providers and health care systems to take precautions to .
Females only receive X chromosomes and as such, they always contribute X chromosomes to a child, whereas a male can contribute either an X or a Y chromosome to the child, as he received both. Subsequently, Jane had two children; a boy and a girl, with a husband who is not a carrier of the mutation.
NMThis would result in a child carrying the mutation. However, the BRCA1 gene is a gene which, after mutation, is linked with increased likelihood of contracting breast cancer. The BRCA1 gene belongs to a class of genes known as tumour suppressors. Hence, when the gene is mutated, and can no longer do the job it was intended for and the patient becomes far more prone to contracting cancer.
However, importantly, having a mutated gene does not, in itself, guarantee the growth of a cancer Geneticshomereference. If there are any serious imperfections in the gene code, then it is highly likely that a mutation has occurred to the BRCA1 gene, and the patient is informed as such Healthwise: However, this highly invasive test can cause extreme anxiety and, if every medical practitioner notified relatives if cancer patients so that genetic testing could be conducted, many of the relatives of these cancer patients would suffer further anxiety, while additional financial strain would be placed on the already limited resources available.
Genetically, a mutation of any of the tumour suppressing genes, but particularly the BRCA1 and BRCA2 genes, will cause a heightening of the chances of contacting breast cancer. Environmental and lifestyle factors that may promote the growth of breast cancer include exposure to electro-magnetic or nuclear radiation, obesity, childbearing, hormone replacement therapy, and obsessive alcohol consumption PHG Foundation: Treatment of breast cancer usually entails the utilisation of a number of options, including chemotherapy, surgery, radiation therapy, and anti-hormonal therapy Caring4Cancer: However, while all of these treatments are extremely invasive, they have been proven to be effective for the vast majority of patients and for most patients, there is no alternative.
After treatment, additional screening is conducted every six months, so as to check that the cancer has completely subsided. Much debate exists as to whether breast cancer is a Mendelian or a complex disorder.
However, there is more than one type of breast cancer; the most common being infiltrating ductal carcinoma. Although some strains of this disease are definitely related to a single gene, other strains, including infiltrating ductal carcinoma, have not been found to be linked to any one gene but rather a combination of environmental factors and a number of genes Caring4Cancer: As such, having a mutated BRCA1 gene does not guarantee that a cancer will develop, as a number of other key factors would also have to be present.
There are a number of reasons that Jane may have for not wishing to inform her children of her mutated BRCA1 gene, such as a desire for privacy.still be encompassed under the ethical duty of confidentiality.
Confidential information is to remain confidential throughout the representation, and thereafter, even after the death of the client. Confidentiality is an important ethical mandate for psychotherapist. A related and important concept is the duty to warn or protect. We give an overview of some of .
Duty to Warn Jessica Hall PSYCH/ 09/4/ Dr. P. Duty to Warn The ethical dilemma I wish to explore is The Duty to Warn. This refers to the duty of a counselor, therapist to breach one of the most important bonds between a client and a therapist; the law of confidentiality.
Limits of Confidentiality and Privilege: A Legal Analysis Often, the terms confidentiality and privilege are used interchangeably to describe the same general phenomenon—keeping information about a .
While confidentiality is an ethical duty, privacy is a right rooted in common law.
Understanding the difference between these two terms can spare you a lot of confusion when signing contracts, establishing a client-attorney relationship, and generally knowing your rights in a given situation.
What does the duty of confidentiality require?
The obligation of confidentiality prohibits the health care provider from disclosing information about the patient's case to others without permission and encourages the providers and health care systems to take precautions to .