Question

A young man falls off his bicycle and presents to the local emergency department for treatment. He is treated for his injuries and he goes home. A week or so later, he receives a letter followed by a phone call from a research assistant who has been given his name by the hospital. The research assistant asks him if he would like to participate in a research study being undertaken by the local university. He queries the call, wondering how the university has obtained not only his telephone number but also his home address and details of his accident. He is told that staff members at the hospital gave the university the information. He receives an email several days later telling him about the project and informing him that someone would like to interview him for twenty (20) minutes. He agrees to participate and receives a call back from the research assistant and begins to answer questions. The questions require an answer scaled 1 to 10, estimating how he felt at the time of treatment. Even though during the interview the questions are asked abruptly of him in a very quick manner, they run out of time to complete it. He is told there are still more questions to be asked. They arrange another time and the same thing happens: the questions are asked too quickly, and without an opportunity to discuss them. This time he says he is not emotionally capable of proceeding with the interview and the interviewer abruptly hangs up the phone.

Consider this case from a healthcare relationship perspective and critically analyse the scenario in relation to the key topics of;

• Consent, informed refusal and autonomy
• Trespass and false imprisonment
• Negligence
• Duty of care
• Standard of care
• Confidentiality and privacy

*patient/client/resident/woman

Please note: not all of the legal concepts above may be relevant to the case, you will need to analyse the given case and consider which of the concepts are relevant to discuss.

Answer 1

Answer :

For these case the legal concepts are,

1. Confidentiality and privacy : in these case what ever the information is there in the hospital, it should not give to the researchers with out his consent.

So there is no confidentiality and privacy to the client information.

2. Consent, informed refusal and autonomy :

There must be take consent from patient, before doing a research and conducting interview.

And also self respect must be there for the client.

Mostly these two are related to this case.