1
Q
What are the grounds for confidentiality in medical practice?
A
- respect for patient autonomy
- implied promise
- virtue ethics
- consequentialism
2
Q
Where does the law and guidance on confidentiality come from?
A
- common law (& also HR law now)
- statutory regulations
GMC guidance
3
Q
How does common law affect confidentiality?
A
- information given or obtained in confidence should not be used or disclosed except in certain circumstances - doctors must not disclose confidential information unless there is a legal basis to do so
4
Q
What are the common law justification for breaking confidentiality?
A
- with patients consent
- unable to seek the patients consent but in patients best interests
- required by law
- public interest
5
Q
What is meant by public interest?
A
- risk must be real and serious
- risk must be physical harm
- identifiable individual(s)
- disclosure must only be on need-to-know basis
6
Q
What are the statutory requirements for disclosure of confidential information?
A
- criminal cases - inc FGM
- public health reasons
- abortions
- all births and deaths
- road traffic offences
- fertility treatment
- venereal diseases (limited)
- suspicion of child abuse
- terrorism
