Confidentiality Flashcards

1
Q

What legal framework governs the disclosure of patient information?

A
  • Common Law of Confidentiality
  • Data Protection Act (1998)
  • Human Rights Act (1998)
  • Administrative Law
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2
Q

What does the GMC say about confidentiality?

What can be the consequences of not maintaining confidentiality?

A

Confidentiality is essential for trust, which is an essential part of the doctor-patient relationship.

Patients may avoid seeking medical help, or may under-report symptoms, if they think their personal information will be disclosed by doctors without consent.

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3
Q

What ethical concepts underpin confidentiality?

A

Autonomy (right to choose how personal information is used)

Privacy

Identity

Trust, promise keeping, honesty

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4
Q

How does confidentiality benefit patients?

A

Encourages them to seek medical attention

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5
Q

In which circumstances can confidentiality be broken?

A

If patient consents, e.g:

  • For purpose of patient’s healthcare
  • Clinical audit
  • Government/insurers/employers

If required by law

Disclosures justified by public interest

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6
Q

Give examples of when confidentiality can be broken in public interest

How should each one be dealt with?

A
  • Gunshot and knife wounds:
    • ​Personal information should only be disclosed if necessary.
    • Police can be given personal information if they have a warrant or order from a judge.
  • DVLA:
    • Patient should be informed of duty to inform DVLA and stop driving if required.
    • Every effort should be made to persuade pt to inform DVLA, if they refuse then Drs have a duty to inform DVLA. Pt should be informed.
  • Serious communicable diseases:
    • People at risk of infection should be informed (e.g. sexual partners of people with HIV)
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7
Q

Give examples of when confidentiality can be broken as required by law

A
  • Notification of certain infectious diseases
  • At request of regulatory bodies
  • If ordered by a judge
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