Question

A physical therapist receives a phone call from a woman demanding to know when her daughter-in-law’s next appointment is. The therapist tells the woman that she cannot disclose any information, and the woman becomes very angry and abusive, threatening to make a complaint. After the phone call, the therapist logs into the electronic medical record system to make a note about the conversation. However, since the two women share the same last name, the therapist accidentally accesses the woman's record instead of the daughter-in-law’s record. The therapist realizes the mistake, but not before spotting that the woman suffers from a serious mental health disorder, which might explain her behavior on the phone. The therapist mentions to her supervisor the possibility of a complaint being brought and also mentions that the woman has a history of mental health problems. Do you feel that there has been a breach of confidentiality? Why or why not? How should the supervisor handle this situation? Should the patient be notified?

Answer 1

WHAT IS MEANT BY BREACH OF CONFIDENTIALITY? A breach of confidentiality means failure to respect a clients's privacy by telling to another person without the person consent.

Confidentiality is important for several reasons. One of the most important reason is to build and develop trust. According to me, this act by the therapist can be considered to be a breach of confidentiality. It is her duty to keep the person's details as confiential as possible. Moreover, the behavior of the therapist has opened the way to this situation. Also, the therapist should be consciuos on her collecting and mentioning details of clients.

For the supervisor, it must be a huge crisis before dealing with the fact. The supervisor should assess the call recorder and must investigate what has happened to make threats on the therapists by the women. It is not possible to dismissal her without the risk of losing an unfair dismissal claim for not following the correct process. Once the supervisor have gathered and checked the statements for consistency, a disciplinary hearing should be set up with the therapists and the women and an action could be taken based on the facts of the situations. Depending on the outcome of the action, the therapist have to be punished and asssurance should be given to the women on such situations in future.

Ofcourse yes, the therapist should explain the act to the patient. If it is not done, then again she is motivated to conduct such acts in future. Appropriate action should be taken against the therapists and should ensure the women the given information is further confidential and her complaint has been dealt seriously and competently.