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Re: FL: UF warns patients of security breach


From: "Marjorie Simmons" <lawyer () carpereslegalis com>
Date: Wed, 21 May 2008 15:10:33 -0700

Aside from the requirements of HIPPA, the Hippocratic oath 
requires both trying not to do harm and to respect patient 
privacy. 

Most medical societies and organizations instead use the 
"Principles of Medical Ethics" as a more modern standard.
The AMA requires all its member physicians to abide by the 
well-established "Principles of Medical Ethics", and violations 
of such principles are sanctionable ethics violations. Sections 
2,3,4,7, and 8 read as follows:

   2. A physician shall uphold the standards of professionalism, 
       be honest in all professional interactions, and strive to 
       report physicians deficient in character or competence, 
       or engaging in fraud or deception, to appropriate entities.

   3. A physician shall respect the law and also recognize a 
       responsibility to seek changes in those requirements 
       which are contrary to the best interests of the patient.

   4. A physician shall respect the rights of patients, colleagues, 
       and other health professionals, and shall safeguard patient 
       confidences and privacy within the constraints of the law.

   7. A physician shall recognize a responsibility to participate 
       in activities contributing to the improvement of the 
       community and the betterment of public health.

   8. A physician shall, while caring for a patient, regard 
       responsibility to the patient as paramount.
_________

The physician in question violated at least 6 separate 
provisions of the standard:

#2 "uphold the standards...";
#3 "respect the law..."; 
#4 "respect the rights of patients ... and 
       shall safeguard patient confidences and privacy..."; 
#7 [in its entirety]; and 
#8 "regard responsibility to the patient as paramount"

See: http://www.ama-assn.org/ama/pub/category/2512.html
for the AMA's full data.

###

| -----Original Message-----
| From: dataloss-bounces () attrition org 
| [mailto:dataloss-bounces () attrition org] On Behalf Of TS Glassey
| Sent: Tuesday, May 20, 2008 3:10 pm
| To: lyger; dataloss () attrition org
| Subject: Re: [Dataloss] FL: UF warns patients of security breach
| 
| So then what should happen to this doctor for his actions?
| 
| Todd
| 
| ----- Original Message ----- 
| From: "lyger" <lyger () attrition org>
| To: <>
| Sent: Tuesday, May 20, 2008 9:36 AM
| Subject: [Dataloss] FL: UF warns patients of security breach
| 
| http://www.bizjournals.com/jacksonville/stories/2008/05/19/daily9.html
| >
| > University of Florida officials will be notifying about 1,900 patients 
| > of a UF plastic surgeon that their private health information might 
...

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