Business Law1

Running Head: Article Review
ARTICLE REVIEW
2
Article Review
Introduction
Safeguarding of patients health-related information is the most important priority of most
of the health providers. Patients’ expectation of health providers is to get fair treatment service
from them. However, it has been observed that many health providers are not abiding by the
rules of protecting patients health-related information. This is due to the reason for the increasing
number of reality shows that showcase emergencies and traumas that are being dealt with
patients and doctors as well. The main focus of this assignment is to discuss issues that many
patients are facing due to filming in the operation theatre without the consent of patients or
patient's family members.
Body
The focus of this assignment is based on the article that states, ‘a New York hospital had
to pay $2.2 million because of the filming of 2 patients’ (Ornstein, 2016). The hospital has
allowed television program producers to film two patients’ condition where one patient was in a
dying state, and another one was in critical distress. As opined by Opsahl et al. (2017), with the
growing trend of media and entertainment entity to provide unique content to their audience has
made people or producers desperate for getting content from any source. This article clearly
highlighted an incident where crew members of ABC program NY meds’ filmed an undergoing
surgery where doctors could not save the patient without the consent of the patient or his family
members.
As a result of which son of that deceased patient had filed a complaint against the
hospital authority regarding violating the law of disclosing patient's health-related information. I
feel that such incident instincts more stress and trauma in family members mind along with
ongoing stress that is being caused by the patient’s death.
3
Article Review
In this case scenario, the case verdict was in favour of the deceased son by making a
provision of not allowing any television or news crew to film patients without their
authorization. I believe such action taken by the government will send a positive signal that
governments care about protecting the personal information of patients. It will also alert the
hospital authority as well as the media industry to not to entertain such kind of incident. As
opined by Pheasant-Kelly (2016), health providers go through daily challenges in dealing with
patients physical and mental health condition.
Referring to the highlighted case scenario, I have observed that, hospital authority has
tried to defend them by showcasing their positive intention of showing complexities and
challenges faced by medical professionals on a daily basis. I believe that it is known to every
person about complexities faced by doctors and nurses as a result of which they are given utmost
respect for their profession (based on views of Moreham, 2018). I also believe that it is
unnecessary for the media industry to showcase health providers’ daily challenges in dealing
with a patient’s physical condition. In order to eliminate such future incidents New York
lawmakers have proposed legislation regarding the filming of patients without consent.
However, it is being mentioned that in some certain cases hospitals may allow filming with
patient’s prior consent only. I feel this legislation will give advantage to hospital authority to
abide by the law as well as patients health-related information will also get protected.
Conclusion
Thus I can conclude by saying that it is important to safeguard patients health-related
information as it will lead to enhancement of the relationship between doctors and patients. I
agree with the fact that the government is taking conscious decisions regarding the elimination of
filming of patients so that family members of patients and patients himself do not go under any
4
Article Review
further stress or trauma. It can further be concluded that the media industry should respect the
privacy of patients and not intrude in their personal space.
5
Article Review
Reference list
Moreham, N. A. (2018). Abandoning the High Offensiveness Privacy Test. Can. J. Comp. &
Contemp. L., 4, 161. Retrieved on 17
th
April, Retrieved from http://www.cjccl.ca/wp-
content/uploads/2018/08/Moreham-Abandoning-the-High-Offensiveness-Privacy-
Test.pdf
Opsahl, A. G., Ebright, P., Cangany, M., Lowder, M., Scott, D., & Shaner, T. (2017). Outcomes
of adding patient and family engagement education to fall prevention bundled
interventions. Journal of nursing care quality, 32(3), 252-258. Retrieved on 18
th
April,
Retrieved from
https://scholarworks.iupui.edu/bitstream/handle/1805/13618/Opsahl_2016_outcomes.pdf
?sequence=1&isAllowed=y
Ornstein, C, (2016), New York Hospital to Pay $2.2 Million Over Unauthorized Filming of 2
Patients, The New York Times [online] Retrieved on 15
th
April, Retrieved from
https://www.nytimes.com/2016/04/22/nyregion/new-york-hospital-to-pay-fine-over-
unauthorized-filming-of-2-patients.html
Pheasant-Kelly, F. (2016). Towards a structure of feeling: abjection and allegories of disease in
science fiction ‘mutation’films. Medical Humanities, 42(4), 238-245. Retrieved on 16
th
April, Retrieved from
https://wlv.openrepository.com/bitstream/handle/2436/619227/Science%20Fiction%20an
d%20the%20Medical%20Humanities%20%20REVISED%20VERSION%20FINAL%20
2nd%20JULY%20(1).pdf?sequence=8

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