Group 4 Project: Medicine and the Law

Duty of Confidence

Common Law Duty

Patients may be unwilling to disclose

Exceptions to Confidence

Consent

Public Interest

HIV

Family

Preventing or detecting crime

Medical Research

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

???