Criminal Law Assignment Help
What tort or criminal law was violated?
Who was the investigating agency?
Were there civil or criminal penalties and what were the penalties?
In your opinion, was this a fair penalty for the violation that occurred?
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Introduction
The discussion of the case involves the three students who were at the University of Arkansas medical sciences and who were being fired for sharing any of their private information. It included the HIV status with hospital finding out that the employee was able to share the medical records with other co-workers. This ended up that the recorded were shared were not affiliated to hospital. This was posted on social media and original information of the patient like the patient's HIV status was posted with private information. With this, their name and employment history was also shared. Hence, as a result the employees were fired ultimately.
What tort or criminal law was violated?
This case above the state issue as it violated the Health Insurance portability. The criminal law related to the case was mainly about how the private details of the patient was published on the social media without any approval. With this, there have been issues related to how the employees had also posted the details of the patient.
Who was the investigating agency?
Little Rock Detective has been asking and investigating about the different allegations that had been related to the case and the issues which were related to it. It was seen that the records included the name of patient, age and the other surgical history or the HIV status with employment information as well.
Were there civil or criminal penalties and what were the penalties?
There were civil penalties for the case where the data was checked and removed. Apart from this the three people were also fired immediately. It is important that the action should be taken quickly as this is the privacy violation crime and the safety of the patient is the primary concern for any hospital. Not only this, there are HIPAA violations which were involved and then there are orientation that needs to be done with the new employees. It is important that HIV testing is done properly before blaming anyone as it comes under the criminal prosecution for those who have been always active or relied on excluding the individuals. The state and the federal laws tend to prohibit any of the discrimination among the people with different legal services. Hence, the potential consequences are related to making individual decisions of testing for HIV and understanding the problems that are relevant to it. According to the American Medical Association, there have been communication between patient and physician that results in the authorization of patients as well.
In your opinion, was this a fair penalty for the violation that occurred?
Yes, according to me it is not right to post anyone's personal information online as it brings issues to the self-esteem of an individual. Not only this, there are problems related to the fact that the person is not able to talk and be able to stand in the community. HIV is not to be hidden but telling the people unnecessarily is also not right. It will lead to lowering down the self-esteem ultimately.
Conclusion
According to the report for the HIV related laws, there are HIV concepts which is considered to maintain an undetected viral load that cannot transmit the virus. The attorneys have been involved with the HIV disclosure rules that needs to remain lawful. With this, there is a need to focus on the factor that AIS is till viral load went down and up. The invasive procedure includes the surgical and the other diagnostic procedures which involves the instrumental contact with entry to any blood and fluids. Here, the focus is on the voluntary testing and understanding about how HCW cannot participate in the exposure prone procedures till there are different infections that are diagnosed.
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