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Table of Contents

Think

Assess

 Patient: Autonomy

 Practitioner: Beneficence & Nonmaleficence

 Public Policy: Justice

Conclude

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22. Gunshot Wounds

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The medical practitioner who cures a disease may be the most skillful, but the medical practitioner that prevents disease is the safest.
~ Thomas Fuller


Abstract

In the United States, there are state-mandated reporting requirements for incidents such as gunshot wounds and child/elder abuse. Practitioners have a legal obligation to report such incidents, and failure to do so is a Class A misdemeanor. There is some concern about the impact of mandatory reporting on various aspects of the patient-practitioner relationship including patient autonomy, practitioner’s ethical principles of beneficence and nonmaleficence, and public policy of justice. It is argued that mandatory reporting laws are part of the patient-practitioner social contract and are necessary for public safety and justice, although they may have unintended consequences such as deterring individuals from seeking medical care. Practitioners must disclose their reporting obligations to patients and only provide the minimum amount of information necessary to authorized personnel. Interference by law enforcement in treating a patient in a medical emergency is not permissible.

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Think 

[22:1] Gunshot wounds, child and elder abuse, are examples of national state-mandated reporting. Failure to comply with mandatory reporting is a Class A misdemeanor. 

[22:2] Statutory laws vary from state to state regarding what evidence is required to report to law enforcement for public safety. Motor-vehicle collisions involving serious injury or death, unconsciousness, and violent injuries such as knife injury, gunshot wounds such as powder burns, or other injuries resulting from a gun or firearm discharge are frequently but not always on the list.

[22:3] Breaching the duty of patient confidentiality for the greater good of public safety has the threat of diminishing the strength of the patient-practitioner relationship by setting limits as to the confidentiality and privacy of protected health information (PHI) attained by the practitioner. Care must be taken not to have the unintended consequence of diminishing the value and strength of the patient-practitioner relationship. 

[22:4] Making sure that there is no breach of the duty of patient confidentiality has been accomplished by including the categories of mandated reporting into the patient-practitioner social contract. 

Assess
Patient: 1) Autonomy

[22:5] Concerning autonomy (informed consent), mandatory reporting laws are statutes that require, under the threat of law, that the practitioner reports the minimal amount of information necessary to the proper authorities regardless of whether or not the patient consents to the reporting. Therefore, the practitioner must disclose such requirements to the patient as soon as possible. The goal is for the patient to understand and voluntarily consent to the reporting with no ill effects on the patient-practitioner relationship. 

[22:6] If the patient does not consent to the reporting, even after communicating that the practitioner has no legal choice but to report, then the practitioner has a professional and legal obligation to report. Mandatory reporting is not a breach of patient-practitioner confidentiality because by law and by medical standards of care, the categories of mandatory reporting are part of the patient-practitioner social contract. 

Practitioner: 2) Beneficence & 3) Nonmaleficence

[22:7] Professionally, the patient-practitioner relationship with confidentiality and privacy is central for maximizing the patient’s best interests, as determined by the patient’s reasonable goals, values, and priorities. Beneficence (do good) and nonmaleficence (do no harm) are the central professional moral principles. Confidentiality is the practitioner’s duty to ensure that all protected health information (PHI) is kept secret from unauthorized personnel. Privacy is the right of the patient to access and control the dissemination of their personal information. 

[22:8] Mandated reporting, such as gunshot wounds, does not violate the practitioner’s professional covenant of patient confidentiality when the reporting is given to authorized personnel, and the information provided is the minimum amount required. Mandatory reporting is a legal and professional requirement that is part of the patient-practitioner relationship, and not reporting would be the practitioner’s violation of the patient-practitioner relationship, a form of professional misconduct.

Public Policy: 4) Justice

[22:9] Justice is the fair distribution of benefits and burdens throughout society. The judicial system has determined that gunshot wounds are necessary to be reported for the reason of public safety and justice (be fair) and that gunshot wounds (GSW) legislation has more weight than patient autonomy (informed consent), professional beneficence (do good) and nonmaleficence (do no harm) combined. Unintended consequences are that individuals with gunshot wounds and are afraid of being reported will avoid seeking medical care due to the fear of harmful social consequences. Some health care providers think that healthcare services ought to be an independent environment of security and health.

[22:10] Public policy and the courts have determined that artificially separating healthcare at the cost of public health and security would not be justifiable or fair for other individuals in the community. In this view, personal liberty ends when exercising that liberty negatively affects other citizens’ constitutional rights and liberties to live in a safe and secure environment. Mandatory reporting is not a violation of the patient-practitioner relationship, as state mandatory reporting categories are part of the patient-practitioner social contract.

Conclude

[22:11] At no time is it permissible for law enforcement to interfere in treating a patient in a medical emergency, and all mandatory reporting needs to be done to only authorized personnel and then only providing the minimum amount of information required.

[22:12] In summary, mandatory reporting laws serve a crucial role in maintaining public safety and justice, despite potential unintended consequences such as deterring individuals from seeking medical care. Medical practitioners must disclose their reporting obligations to patients and provide only the minimum amount of information necessary to authorized personnel. Law enforcement interference in treating a patient in a medical emergency is impermissible, and medical professionals must balance their legal obligations with the preservation of the patient-practitioner relationship.

(See also: 2. Abuse: Child, Elder & Intimate Partner)

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22. Review Questions

1. Since gunshot wounds are state laws for mandatory reporting, they exempt the practitioner from legal accountability for failure to report.

2. Mandatory reporting of gunshot wound is a breach of the patient-practitioner relationship.

3. Whenever a practitioner must report a gunshot wound, it is essential to disclose the reporting requirement and attempt to get the patient’s informed consent.

4. If the gunshot wound patient refuses to provide informed consent for reporting, then the practitioner is obliged not to report because the professional obligation is never to breach the patient-practitioner relationship.

5. Mandatory reporting of gunshot wounds is a legal and professional requirement that is part of the patient-practitioner relationship, and not reporting would be the practitioner’s violation of the patient-practitioner relationship, a form of professional misconduct.

6. When specifying, and weighing and balancing the four principles of medical ethics as they relate to mandatory reporting, the principle of justice has more weight than autonomy, beneficence, and nonmaleficence combined. 

7. Personal liberty ends when exercising that liberty negatively affects other citizens’ constitutional rights and liberties to live in a safe and secure environment.

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22. Clinical Vignettes

1. Mr. Nico Anderson is a 27-year-old construction worker who was brought to the emergency room with a gunshot wound to the leg. He reported that he accidentally shot himself while cleaning his gun at home. The differential diagnosis includes soft tissue injury and nerve damage. What is the ethical obligation of the practitioner in this case?

2. Mr. Nathanael Johnson, a 32-year-old gang member, was brought to the emergency department (ED) after sustaining a gunshot wound to the abdomen. He is conscious and in severe pain. As the ED staff begins to triage Mr. Johnson, a police officer demands information about the incident and attempts to question him about any potential suspects. The ED staff informs the officer that they cannot disclose any information due to patient privacy laws and that it is not permissible for law enforcement to interfere in treating a patient in a medical emergency. What is the proper action of the ED staff after this encounter?

3. A Middle aged woman who was brought to the emergency department with a gunshot wound to the abdomen. She is conscious but in severe pain, and is unable to provide any identifying information. The emergency medical team urgently needs to treat her, but they are also obligated to report her injury to the authorities due to mandatory reporting laws.

4. A middle aged man is brought to the emergency department after being involved in a shooting incident. He has sustained a gunshot wound to his leg, which is bleeding profusely. The practitioner starts assessing and treating the patient, but he refuses to provide any identification and insists that he does not want to be reported to the authorities due to mandatory reporting laws. What should the practitioner do in this situation?

5. Mr. Henry Johnson is a 45-year-old long-term patient of Dr. Ramirez, who has been treating him for chronic lower back pain. During a routine appointment, Dr. Ramirez notices a gunshot wound on Mr. Johnson's arm. When asked about it, Mr. Johnson reveals that he was shot during a mugging incident but refuses to provide any further information, stating that he does not want the police involved. Dr. Ramirez explains to Mr. Johnson that mandatory reporting laws require healthcare providers to report gunshot wounds to law enforcement in the interest of public safety and justice, even if the patient does not consent. Mr. Johnson expresses his belief that reporting his injury is a violation of his confidentiality and privacy. What should Dr. Ramirez do?

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22. Reflection Vignettes

1. Mr. James Smith, a 32-year-old construction worker, presents to the practitioner's clinic with a gunshot wound to the leg. The practitioner assesses the wound and explains to Mr. Smith that all gunshot wounds must be reported to law enforcement. However, Mr. Smith pleads with the practitioner not to report the case, stating that he was involved in an altercation and fears retaliation. When the practitioner explains that reporting the wound is mandatory, Mr. Smith becomes agitated and demands immediate discharge. The differential diagnosis includes fear of retribution, mistrust of the healthcare system, and illegal activity. The practitioner explains to Mr. Smith that reporting the wound is in his best interest for legal and medical reasons and offers to connect him with a social worker or case manager for additional support. The practitioner emphasizes that medical care will not be withheld or compromised, but the mandatory reporting must be followed

Think

Assess

  Patient: Autonomy

  Practitioner: Beneficence & Nonmaleficence

  Public Policy: Justice

Conclude

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2. Mr. John Williams, a 35-year-old bartender, is brought to the emergency department handcuffed to a gurney with multiple gunshot wounds. Police officers request that the medical practitioner and staff get a blood alcohol level and drug screen test, as Mr. Williams was involved in a high-speed chase that ended with him getting shot. The emergency medical protocol does not include a blood alcohol test. The differential diagnosis includes trauma, blood loss, and gunshot wound complications. The practitioner explains to the officers that a blood alcohol test is not part of the emergency medical protocol, and emphasizes that the primary focus is on stabilizing Mr. Williams' condition and providing life-saving medical care.Think

Assess

  Patient: Autonomy

  Practitioner: Beneficence & Nonmaleficence

  Public Policy: Justice

Conclude

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