ACADEMIC ARTICLE SUMMARY

Face to Face With "It": And Other Neglected Contexts of Health Privacy

Article Source: University of Pennsylvania Law School, Public Law Research Paper No. 07-41, 2007
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ARTICLE SUMMARY

Summary:

This paper looks at new cases involving medical privacy and the media.

POLICY RELEVANCE

Policy Relevance:

Respecting patient’s privacy should include protection against unauthorized recording of the patient’s image by the media or others.

KEY TAKEAWAYS

Key Takeaways:
  • Social attitudes to health have changed somewhat, and people today discuss medical problems more openly than in the past.
    • Sharing information about one’s medical problems can be comforting, and can help obtain needed assistance.
  • New laws have been passed to protect the privacy of patient’s medical records.
  • These laws, which protect data, do not alone ensure that patients’ wishes for seclusion or respectful treatment will be heeded.
  • Doctors or emergency crews that photograph, record, or broadcast distressing images of medical patients may face liability for malpractice, the infliction of emotional distress, or other lawsuits.

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Anita Allen

About Anita Allen

Anita L. Allen is an expert on privacy law, bioethics, and contemporary values, and is recognized for her scholarship about legal philosophy, women’s rights, and race relations. In 2010 she was appointed by President Obama to the Presidential Commission for the Study of Bioethical Issues.