Mr. Marsh Case Essay

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Hospital Confidentiality Breaches

Hospital confidentiality breaches are serious because the information these institutions store is so sensitive. The Hospitals Employment Handbook claims that Mr. Marsh’s case constituted a legal violation of contract because it involved the disclosure of information to a number of unapproved third parties outside the company. (p 4). According to the employee handbook, if any hospital information about patients or procedures, among other things, is disclosed, the employee may be fired or subject to disciplinary action. (p 4). The Staggs v. Blue Cross case at the court of Maryland revealed that an employer may or may not have a statement of policy and thus is allowed to terminate an employee’s contract at will in situations lacking definite employment duration. Therefore, Mr. Marsh’s dismissal is acceptable according to the Maryland law.

Abusive Charge against Mr. Marsh

On the other hand, Mr. Marsh was being subjected to an abusive charge because he revealed the information to the outside party to save the community hospital from loss through the senior employee misconduct. Reporting the issue directly to the authorities in the organization could result in the termination of his employment and thus opted to involve a third party indirectly with the intention of saving the hospital’s resources. According to Wholey v. Sears (803 A.2d 482, 370 Md. 38), the court of Maryland allows the law of dismissing investigations on workers who volunteer an organization’s information regarding criminal activities of other workers. Mr. Mash is thus protected by this law against termination of his contract in the hospital. §9-303 Maryland statute states stipulates against threatening or harming witnesses or victims and damaging their property intentionally. Therefore, Mr. Marsh deserves to be given his job back as his dismissal impacts his family adversely.

Validity of Mr. Marsh’s Claim for Wrongful Discharge

In conclusion, it is appropriate for the judgment to be made on whether or not Mr. Mash has a valid claim for wrongful discharge. This is because he volunteered information about a co-worker who was involved in an activity that affected the community hospital and only breached the confidentiality due to fear of exposure and job loss. Mr. Marsh’s intentions were out of goodwill.

Work Cited

“Mr. Marsh” a case study.

July 15, 2023
Category:

Health Law Education

Subcategory:

Learning

Number of pages

2

Number of words

372

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27

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