1.Case Study: At a teaching hospital, many medical students may be
assigned to a single patient to review and learn from the cases that are
present in the hospital with hands on experience. However, access to
medical records is only allowed if you are actually assigned to the case. It
is a policy that is reviewed at the start of each clinical rotation, and
violations of this policy are monitored through the IT access logs. Violations
of this policy are taken very seriously, up to an including expulsion from
med school.
There was a patient who was bit by a bat and developed rabies. Rabies is
common in animals, but nearly always fatal in humans. A physician
proposed a very unconventional treatment, and the patient lived. This made
medical history and became a medical case study that was reviewed in
many medical forums, including grand rounds (where many physicians
come to hear about new technologies and treatments). After this particular
grand round, the IT performed a medical records access audit. Even
through the information about the case was already shared with everyone
in grand rounds, there was a spike in the number of medical students
accessing the patient's chart. Over 50 unauthorized accesses were
discovered shortly in the week following the presentation.
When confronted about their privacy violations of the medical records,
students were often genuinely surprised, and felt that this was a legitimate
reason for accessing a patient's chart - to learn more about the case (after
all, they were there to learn!) The access policies were re-written to include
this as a specific example of violations, and the students were given a
severe warning in their student files. A second violation would result in their
expulsion from medical school.
Were the students right or wrong to access the chart? Was the access
audit effective? Was the policy effective? What other types of situations
lead to violations of a privacy policy? Are audits the best way to manage
these? When you know that a person may lose their job as a result of the
audit that you perform but you know more of the reasoning why they did the
violation, does this create an ethical dilemma for you?
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