by Marvin Shilmer 6 Replies latest jw friends
Patient Autonomy — Who is telling the truth?
Today I loaded a new article on my blog that presents two competing statements. One statement comes directly from the pages of The Watchtower. The second statement comes directly from the pen of a known Watchtower representative writing in his official capacity.
My article is titled Patient Autonomy — Who is telling the truth? and it is available at: http://marvinshilmer.blogspot.com/2011/06/patient-autonomy-who-is-telling-truth.html
Marvin Shilmer
Hi Marvin
I encountered some flak regarding the 1987 Watchtower article some time ago on a nursing forum. Despite the fact that WTS never printed a retraction to their position on breaching patient confidentiality in the interests of "the superior demands of divine law", certain JW-apologist nurses felt that since the article was printed over 20 years prior, the current WTS position automatically fell in line with legal requirements of patient privacy under HIPAA. Surprisingly (or maybe not!), they also felt that I had an axe to grind (LOL).
Scully writes:
“… certain JW-apologist nurses felt that since the article was printed over 20 years prior, the current WTS position automatically fell in line with legal requirements of patient privacy under HIPAA.”
If that proposition is true, then based on what is presented in the cited 1987 Watchtower about upholding superior law, that would make HIPAA superior to divine law. Right?
I think my blog will have to drill down a little further into this topic.
Marvin Shilmer
I don't understand what the context is. Why would a Witness need to breach confidentiality? They could lose all the assets they have in a law suit for damages. It is egregious. Certainly, grounds for immediate dismissal. Privacy in medical matters is a prime directive in society. Access to such info is obtained in their role as workers, not Witnesses. They are not on Witness duty. If everyone brought their personal agendas to work, no work would be done or advances made. Jesus said to pay Caesar's things to Caesar. The WT wants protection from the rule of law. I don't think it is unreasonable to want. Yet they show utter contempt for the rule of law. Law is law b/c it applies to everyone - usually. Norms are set. Certain expectations follow. Enforcement of the rules is possible. When it is civil rights, American law is all right. Otherwise, it is loathsome.
It also reminds me of a New York Times article about Pope Benedict's first official trip to Germany. Millions turned out. There was no trouble with parking or site grabs to have a better view of him. Indeed, millions turned out and there were a total of two arrests, highlighting the German character of rule following and efficiency. Americans might to do a stampede. Witnesses are so deferential to authority.
My mom's friend stood up during his trial/hearing for CO status during WWII, all fired up by Bethel brothers. Rather than state the minimal as lawyers advised, he gave a witness to the judge. The judge gave him four extra years. Years in federal prison without any brothers to help him.
Is the context to rat out a blood transfusion, extramarital affair, whatever? Outsiders think Witnesses are funny and wholesome. Right.
BOTR,
The context is a JW who works in the medical profession who would be privy to medical records. Let's suppose they somehow find out that a fellow JW secretly had an abortion or accepted a prohibited blood-base preparation.
It's amazing that they are told to breach confidentiality, break the law and most likely violate an oath they have taken as well, but there it is.....
This is very revolting! God knows what happened. Isn't God knowing enough? Revealing such info. should lead to dismissal and a damage award.
Would the governing body report and release all their medical records publicly so we can ensure they are following organization's rules. This cult intrusiveness, crossing across all lines, is repugnant and immoral. They are far more than a zany religion.
People will not seek treatment if their information is revealed publicly. The physician-patient privilege and the lawyer-client privilege are sancrosanct in law and every day life. Without such privacy, no one can order their lives properly. This is 1984, Brave New World in the present. It is worse than Armageddon dates, male chauvinism, or no Christmases.
And when the crunch comes and someone has lost a job and no will hire b/c of the massive indiscretion and poor judgment, mired in lawsuits, the WTBTS will not be found. Bravado is cheap when you suffer no consequences. I will never forget reading about the Society and Japan in a law review article. Not one mention of an individual witness actually living in Japan who was tortured and died. Brooklyn, Patterson - sitting in an air-conditioned office while you assume zero responsibility is easy. These are the items that drive my fury.
Also, though, what nit wit loses their morals to play this game.
Marvin:
Scully writes:
“… certain JW-apologist nurses felt that since the article was printed over 20 years prior, the current WTS position automatically fell in line with legal requirements of patient privacy under HIPAA.”
If that proposition is true, then based on what is presented in the cited 1987 Watchtower about upholding superior law, that would make HIPAA superior to divine law. Right?
You make an excellent point! I guess I didn't have my wits about me during that fracas, because I could have asked, "since we know much more about the safe medical administration of blood transfusion than we did at the time the OT and NT prohibitions were written [5000 and 2000 years prior respectively] why do JWs so tenaciously hold to beliefs that are so clearly outmoded and outdated, if WT literature can so easily be pooh-pooh'ed when it is more than a couple of decades past its original release date?"
