PrepTest C2, Section 3, Question 19
Scott: The Hippocratic oath demands, specifically, that doctors "never divulge" information about patients. Hence the psychiatrist who released tapes of a poet's therapy sessions after the poet's death violated his oath by his actions, even though the tapes were released after the poet's death and to the poet's official biographer. It makes no difference that the poet's published works were written in a confessional manner or that she had assured the psychiatrist that he could do with the tapes as he saw fit.
Scott: The Hippocratic oath demands, specifically, that doctors "never divulge" information about patients. Hence the psychiatrist who released tapes of a poet's therapy sessions after the poet's death violated his oath by his actions, even though the tapes were released after the poet's death and to the poet's official biographer. It makes no difference that the poet's published works were written in a confessional manner or that she had assured the psychiatrist that he could do with the tapes as he saw fit.
Bonara: I agree that doctors are bound not to divulge patient information and would not myself release such tapes without written permission from the patient. Nevertheless, I disagree that the circumstances were irrelevant in this case. I do not think the poet's psychiatrist violated the Hippocratic oath.
Scott: The Hippocratic oath demands, specifically, that doctors "never divulge" information about patients. Hence the psychiatrist who released tapes of a poet's therapy sessions after the poet's death violated his oath by his actions, even though the tapes were released after the poet's death and to the poet's official biographer. It makes no difference that the poet's published works were written in a confessional manner or that she had assured the psychiatrist that he could do with the tapes as he saw fit.
Bonara: I agree that doctors are bound not to divulge patient information and would not myself release such tapes without written permission from the patient. Nevertheless, I disagree that the circumstances were irrelevant in this case. I do not think the poet's psychiatrist violated the Hippocratic oath.
Scott: The Hippocratic oath demands, specifically, that doctors "never divulge" information about patients. Hence the psychiatrist who released tapes of a poet's therapy sessions after the poet's death violated his oath by his actions, even though the tapes were released after the poet's death and to the poet's official biographer. It makes no difference that the poet's published works were written in a confessional manner or that she had assured the psychiatrist that he could do with the tapes as he saw fit.
Which one of the following principles, if established, helps most to justify Scott's evaluation of the psychiatrist's actions?
Restrictions on the release of patient information by psychiatrists are not binding after the patient's death, since after death a person can no longer suffer harm.
Once a patient has granted a psychiatrist permission to release confidential information, that information can be released to anyone at the psychiatrist's discretion.
Since a psychiatrist could influence a patient's opinions during therapy, any directives to the psychiatrist by the patient must be interpreted in the light of the patient's actions outside the therapeutic setting.
Since any psychiatrist's divulging to the public information about a patient could undermine the trust of other patients in their psychiatrists, no patient can release a psychiatrist from the obligation to keep patient information confidential.
If a patient has expressed an intention to make public information about himself or herself that is in a psychiatrist's possession, the psychiatrist is released from the obligation to keep that information confidential.
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