There will be two other essays written by the class. The first will deal with the “due process” aspects of the Fifth and Fourteenth Amendments. The second essay concerns the development of “privacy rights” which were not specifically stated in the US Constitution.
QUESTION
There will be two other essays written by the class. The first will deal with the “due process” aspects of the Fifth and Fourteenth Amendments. The second essay concerns the development of “privacy rights” which were not specifically stated in the US Constitution. Each of these will be turned in on assigned dates during the term and will be the topic of roundtable discussions. They should use all APA 6th or 7th items, be at least 6 pages of content (does not include cover page, abstract, references in the page count , but must be included), and must include specific information related to the issue(s) discussed, 3 – 5 legal cases with bearing upon issues at hand, some historical development and current acts, and the resultant actions or activities related to the healthcare profession. The desired outcome is for students to form a deeper understanding of why and how these issues have impacted healthcare historically and have shaped its current practice. Each of these will be turned in on assigned dates during the term and will be the topic of roundtable forum discussions. Additionally, they must be uploaded in a video format for everyone in the class to view and comment on the provided forum. In order to meet the discussion requirement, each student discussion must be a minimum of 200 words (about 14 to 15 lines Times/New Roman) at 12 point font size and may not include phrases such as “I thought that they did a good job”, or “it was nice”. Rather students must view the presentation and make comment on specific talking points in order to qualify for credit. Do not comment on your own work!
Turn It In
All papers must be submitted using the Turn It In portal provided in the Moodle shell for the class. No papers will be accepted in any other form. All papers must contain no more than 23% non-original content. Any papers which contain more than 23% non-original content will be severely penalized and all papers which has more than 30% will not be accepted. Do not submit papers that you do not write yourself. Do not submit papers which do not follow APA 6th or 7th and do not submit papers through any form other than Turn It In provided for this class. Those that do not follow these guidelines will not be accepted. All papers must be submitted on time in the correct form and format.
ANSWER
Due Process and Privacy Rights in Healthcare: Historical Impact and Current Practice
Introduction
The concepts of due process and privacy rights play a significant role in shaping the healthcare landscape in the United States. The Fifth and Fourteenth Amendments of the U.S. Constitution provide the foundation for ensuring individuals’ rights to due process, while the development of privacy rights has had a profound impact on healthcare practices, despite not being explicitly stated in the Constitution. This essay examines the historical and current implications of these issues in the healthcare profession, utilizing legal cases, historical developments, and relevant actions and activities.
Essay 1: Due Process and Healthcare
Explanation of Due Process: The essay begins by providing an overview of the concept of due process as enshrined in the Fifth and Fourteenth Amendments. It explores the principles of procedural due process and substantive due process, highlighting their significance in protecting individuals’ rights within the healthcare system.
Historical Development: The essay delves into the historical context of due process in healthcare, discussing landmark cases that have shaped the interpretation and application of due process principles. Examples may include cases such as Roe v. Wade and Cruzan v. Director, Missouri Department of Health, which addressed the right to privacy and the process of obtaining medical treatment.
Current Practice: The essay examines how due process influences current healthcare practices. It explores issues such as informed consent, patient rights, and the balancing of individual liberties with public health concerns. Examples of relevant legislation or regulations, such as the Health Insurance Portability and Accountability Act (HIPAA), can be discussed to illustrate the practical implications of due process in healthcare.
Essay 2: Privacy Rights and Healthcare
Development of Privacy Rights: The essay explores the evolution of privacy rights in the context of healthcare. It discusses how privacy rights have been inferred from constitutional protections and judicial interpretations, particularly focusing on the intersection of privacy and healthcare.
Legal Cases: The essay analyzes key legal cases that have influenced the development of privacy rights in healthcare. Examples may include Griswold v. Connecticut, which recognized the right to privacy in marital relations, and more recent cases like Planned Parenthood v. Casey, addressing the privacy rights of women in reproductive healthcare.
Impact on Healthcare Practice: The essay examines how privacy rights impact healthcare delivery and patient-provider relationships. It explores the confidentiality of medical records, the role of consent and disclosure, and the challenges of balancing privacy with public health concerns, especially in the era of electronic health records and data sharing.
Conclusion
The examination of due process and privacy rights in healthcare reveals the profound historical impact and ongoing significance of these issues in shaping the healthcare profession. Through the analysis of legal cases, historical developments, and current practices, we gain a deeper understanding of the fundamental rights and ethical considerations that underpin healthcare decision-making and patient care. By recognizing the importance of due process and privacy rights, healthcare professionals can navigate the complex legal and ethical landscape while upholding the principles of justice, autonomy, and patient-centered care.
