Confidentiality Flashcards
What legal framework governs the disclosure of patient information?
- Common Law of Confidentiality
- Data Protection Act (1998)
- Human Rights Act (1998)
- Administrative Law
What does the GMC say about confidentiality?
What can be the consequences of not maintaining confidentiality?
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.
What ethical concepts underpin confidentiality?
Autonomy (right to choose how personal information is used)
Privacy
Identity
Trust, promise keeping, honesty
How does confidentiality benefit patients?
Encourages them to seek medical attention
In which circumstances can confidentiality be broken?
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
Give examples of when confidentiality can be broken in public interest
How should each one be dealt with?
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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.
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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)
Give examples of when confidentiality can be broken as required by law
- Notification of certain infectious diseases
- At request of regulatory bodies
- If ordered by a judge