Sociology

Part A
Informed consent
This is a legal requirement at which an individual accepts to undergo a medical process after a clear understanding of any implications and repercussions of hisher actions. In the case of Dr. Bob and sally, the doctor is obligated to seek consent from her parents because they are readily available.

Suppose sallys parents were not available, Dr. Bob is required to carry on with the operation given sallys condition is a life threatening one

Paulas case
The law in the United States provides that only in marriage should a man and a woman become one single person under the equal protection clause. In this case, Paula is not married but only involved sexually with her boyfriend. This does not guarantee equal sharing of information. Dr. Bob is required by law and his professional code of ethics to keep Paulas information secret and adhere to the conditions which Paula requests him to follow.

If Paula tells Dr. Bob that by not doing this will endanger her, the answer will still not be different. Dr .Bob will still be required to maintain Paulas medical information a secret.

HIPAA rule on confidentiality of HIV information
Paulas attorney only required medical records about Paulas car accident but Dr. Bob violated the HIPAA authorization for release of medical information and confidential HIV related information (DOH 2557) rule by disclosing her whole health information. The rule indicates that medical practitioners can only release HIV information after receiving a signed HIV release form from the patient..

Part B.
The contributory and comparative negligence provides that the negligence of the defendant is proven to a state of no doubt. This means the plaintiff has proved the negligence. The two differs in the concept that comparative negligence tries to compensate the damages to the plaintiff partially while contributory negligence totally rejects any compensation to any damages born.

You follow the HIPAA rules and regulations on grounds that they form the federal regulations and are stricter than state laws. Upon contradiction of the two, the HIPAA rules trumps the state laws. If the state laws were stricter then you are required to follow them.

Res Ipsa Loquitor is a Latin phrase meaning The thing stands for it-self in English. The phrase has a great influence in the common law of torts in inferencing negligence under the two provisions that
The accident is of the type that is caused by negligence and
The level of control the defendant had over the cause of damageaccident.

Under the federal law, subject matter jurisdiction is defined as the exercise of power by courts to hear only cases of certain types as stated on by Article III, section 2 of the U.S. Constitution, and codified in 28 U.S.C  1331-1332 of the federal courts act.

Only when personal health information is used and disclosed should a notice of disclosure be granted. If any disclosure is discovered in the course of treatment, the medical practitioners should provide the information to the patient immediately and mitigation to the problems cause should be commenced as soon as possible.

Part C
Joe researcher is supposed to his request to the institutional review board if he does not have authorization from all the patients.

Dr. Jones may release the information- this lies under the conditions the HIPAA grants permission to personal health information on matters not relating to health.
May be heard in chambers I though motion so requested.
Acknowledge her presence and give no details on status
Demand the doctors sing an agreement of indemnifying her against any damages if the information was revealed
Entry not made at the time of event
Is required to query the national practitioner databank
Should report this to the national medical practitioner databank
Dr. Bob is at fault unless he had proper surge protection devices in place
The risk manager but not Dr. Bob will be liable- This is because Dr. Bob is to ensure entry of information on the database and is the work of the risk manager to provide security measures to provide security to all the information in the institution not Dr. Bobs alone.