Question

an example of a situation in which a health care provider does NOT have a Duty to Warn, despite there being some risk posed by a patient's confidential information to a third party.

Answer 1

Below giving an example where a sensitive information regarding patient diagnosis was shared to a third party despite the nurse did not have a duty to warn:

A patient was admitted to hopstil for constant cough and weakness leading the patient to passout when hospitalized. A nurse was assigned for the patient and the nurse as per procedure carried out sample collection for blood, urine, sputum, etc to do a thorough diagnostic test to determine the exact reasons for illness. When the results came, the nurse in front out the patient's work colleagues and neighbours who were there to visit and check for his well-being revealed and warned the vistors that the patient had HIV AIDS and tuberculosis and they should keep away and leave so that he can rest. Few minutes after that the relatives and colleagues left with surpirse and disgust. The patient was very upset and lodged a formal complaint against the nurse and hospital under HIPPA citing hisorovacy was violated and sensitive information was reaved in public without his consent or request. In this case, medical conditions like HIV AIDS and even to an extent Tuberculosis are socially stigmatized and has a severe impact on a person's social, professional and personal life. When revealing a diagnosis it is the responsibility of a health care provider to counsel and seperate in private explain his results and treatment options so that he/she doesn't panic and understands the situation in a better way. Involvement a third party in regards to such sensitive information and warning them to stay away was very unprofessional, insensitive and inconsiderate by the nurse.