Group 4 Project: Medicine and the Law
Duty of Confidence
Common Law Duty
Patients may be unwilling to disclose
Not a single statute or common law body of laws governing confidentiality
Hippocratic Oath
Arguments in favour/against confidentiality?
favour
Best medical care can be given because patient will be honest
Aids an effective health care system
Against
May be better for the protection of the patient
Exceptions to Confidence
Consent
Public Interest
HIV
Family (Child Protection)
Preventing or detecting crime
Medical Research
Press Freedom
Statutory
The relaxation of the rules on confidentiality- Is it justifiable ?
Confidentiality and the deceased
General Duty continues after death
Guidance from Genreral Medical Council
HIV
Heath Authority Duty to Report (Aids Control Act 1987)
Disclosure of infected health worker( X v Y and H v Associated Newspapers Limited)
Disclosure to sexual partner
General Medical Council and Institute of Medical Ethics (Guidance)
No decison in the UK
US and Canada- Statutory duty to inform person at risk
Australia (PD v Harvey and Chen) Disclosing as last resort
Position if person at risk is also a patient of the Dr. (Special relationship)
Family
???