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