Ethics & Law · patient case with 2 questions

Patient who posts a damaging online review

Patient: Adult male, former patient of record

Chief complaint: Rejected the proposed treatment plan.

Background: Became combative during the discussion and left the practice.

Current findings: He has since posted a highly negative public review naming the practice and its staff.

Question 1

How should you respond?

  1. Publicly reply to the review setting out the clinical facts
  2. Proceed in accordance with the ADA Code of Ethics
  3. Telephone him and ask him to delete the comment
  4. Send a letter demanding removal of the comment
Show answer and explanation

Correct answer: B. Proceed in accordance with the ADA Code of Ethics

  • A. This is the most tempting and the most dangerous option. Publicly stating clinical facts to defend yourself is a clear HIPAA breach, and practices have been fined substantially for exactly this.
  • B. CORRECT. The governing constraint is CONFIDENTIALITY. Responding publicly, or pressuring the patient, risks disclosing protected health information — even confirming that someone is a patient is a HIPAA disclosure. The correct course is to follow the professional code: respond, if at all, in generic terms that acknowledge the concern and invite private contact, without confirming any clinical detail.
  • C. Pressuring a patient to retract is coercive and unprofessional, and invites escalation.
  • D. A demand letter is equally coercive and carries legal exposure.

Note: The examinable point: your obligation of confidentiality does not lapse because the patient waived their own privacy publicly.

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Question 2

Which ethical principle most directly underlies the confidentiality obligation here?

  1. Autonomy
  2. Justice
  3. Non-maleficence
  4. Beneficence
Show answer and explanation

Correct answer: A. Autonomy

  • A. CORRECT. AUTONOMY encompasses the patient's right to self-determination, which includes control over their own health information. Confidentiality and informed consent both derive from it.
  • B. Justice concerns fairness in the distribution of care and resources.
  • C. Non-maleficence is the duty to do no harm.
  • D. Beneficence is the duty to act for the patient's benefit.

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