Ethic at Work
Possible violations if complaint is true
The likely violations if the grievance is real would fall under intentional torts and in particular the invasion of privacy. Under intentional torts there are four limbs of privacy torts. These are appropriation, intrusion, false light and public disclosure of embarrassing private facts. However, the fact pattern that is depicted in the case scenario discloses an element of intrusion which is an electronic, physical or mechanical intrusion in another person’s private space (McWay, 2010).
This form of tort requires that ...view middle of the document...
Such steps ensure that documents which are important in establishing the truth are not purged in ordinary cause of practice. The foregoing would assist in confirming the existence of a cause of action for intrusion. Here, the elements that lead to a conclusion that there was invasion are that the behavior of the person who is blamed was intended or reckless, that the violating physician did in fact invade the private affairs of the complainant without justification and that a reasonable person would regard the act as offensive.
How to respond as the HIM director if the complaint was valid and why
Once the validity of the complaint is not in doubt it is important to listen attentively and let the distressed person to express their sentiments. This helps in letting the complainant recognize that the invasion is generally a serious offense and should never be overlooked. It further enables the HIM director to have a clear understand of what is causing the discomfort.
Documentation of the complaint is an important aspect while resolving an issue once both the HIM director and the complainant have settled on what the grievance consists of. Basically, taking the time to write the complaint is a way of assuring the aggrieved person that the complaint is worth taking time to resolve. Once the HIM director has documented the grievance it is important to let the complainant read in order to ensure that no vital information is omitted (Newell, 2007).
Consequently, allow the aggrieved employee to participate in solving the dispute. It is important to discuss with the complainant possible ways of resolving the matter. This is can be encouraged by the HIM director through asking the aggrieved physician to suggest ideas and further sharing the ones the manager proposes. Once the manager and the aggrieved employee come up with several suggestions, they can then consider the likely outcome of each of the suggested solutions. It is important to bear in mind that although the manager does not have to commit to a solution right away the inclusion of the complainant in solving the dispute shows the desire to resolve the differences and avoid a recurrence of the problem. The resulting solution must contain factors associated with justice such as fairness, impartiality and honesty (McWay, 2010). After the matter has been resolved it is essential to follow-up with the complainant to see how the resolution has improved the situation.
Possible causes of action that first physician can file against the violating physician and against the facility
The Possible causes of action that the first physician can file against the violating physician include suing the latter for invasion of privacy, apparent tort, defamation and intentional infliction of emotional distress. The foregoing causes of action require that the complainant must be able to prove that the violating physician was...