Catch-22: A patient’s right to informational determination and the rendering of accounts by medical schemes

South African Journal of Bioethics and Law 16 (2):67 (2023)
  Copy   BIBTEX

Abstract

Many people who have reached the age of majority still qualify as financial dependents of their parents, and may be registered as dependents on their parents’ medical schemes. This poses a practical conundrum, because major persons enjoy complete autonomy over their bodies to choose healthcare services as they please, including informational determination. However, their sensitive health information may end up being disclosed in the accounts rendered to their parents, as main members of medical schemes, thereby breaching their informational privacy, medical confidentiality and possibly also damaging personal relationships. On the other hand, medical schemes must ensure that they strictly manage the business of their hospitalisation to ensure that they can adhere to their contractual and legal medical insurance obligations. Both major but financially dependent patients and medical schemes have good legal grounds to defend their respective positions. In this article, we will analyse and clarify the applicable legal and ethical grounds by considering medical confidentiality, the Protection of Personal Information Act, the Consumer Protection Act and the Medical Schemes Act and rules. We shall conclude with recommendations to accommodate the interests of both parties.

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 92,283

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

Inaccuracy as a privacy-enhancing tool.Gloria González Fuster - 2010 - Ethics and Information Technology 12 (1):87-95.
Research in the Biotech Age: Can Informational Privacy Compete?Wilhelm Peekhaus - 2008 - Bulletin of Science, Technology and Society 28 (1):48-59.
The Risks of Absolute Medical Confidentiality.M. A. Crook - 2013 - Science and Engineering Ethics 19 (1):107-122.
Four challenges for a theory of informational privacy.Luciano Floridi - 2006 - Ethics and Information Technology 8 (3):109–119.
A qualitative study of women's views on medical confidentiality.G. Jenkins - 2005 - Journal of Medical Ethics 31 (9):499-504.
Privacy in the clouds.Ann Cavoukian - 2008 - Identity in the Information Society 1 (1):89-108.
Unknowableness and Informational Privacy.David Matheson - 2007 - Journal of Philosophical Research 32:251-267.
Unknowableness and Informational Privacy.David Matheson - 2007 - Journal of Philosophical Research 32:251-267.
Personal information as communicative acts.Jens-Erik Mai - 2016 - Ethics and Information Technology 18 (1):51-57.
The ontological interpretation of informational privacy.Luciano Floridi - 2005 - Ethics and Information Technology 7 (4):185–200.

Analytics

Added to PP
2023-09-07

Downloads
11 (#1,142,960)

6 months
9 (#317,373)

Historical graph of downloads
How can I increase my downloads?

Author's Profile

Citations of this work

No citations found.

Add more citations