Confidentiality

Question 1

What is confidentiality?

Answer 1

Respecting one person’s choice or autonomy regarding who can know about them

Question 2

When can break confidentiality?

Answer 2

Would have to justify breach

Must be in pt best interest

Question 3

What is fiduciary relationship?

Answer 3

Confidentiality relies on trust and confidence between parties

Question 4

What are the aspects of confidentiality?

Answer 4

Pt has right to privacy and practical necessity for the condition of trust
Obligation of confidentiality is an implicit promise of the professional

Question 5

Do pt have right to absolute confidentiality?

Answer 5

Would be unethical
Means you could never prevent foreseen harm e.g HIV status
Concern for preservation of life usually greater concern for preservation of confidentiality

Question 6

What are the legal considerations for confidentially?

Answer 6

HCP can be called upon to breach confidentiality
Confidentiality can be overridden when stronger public interest
Manner of disclosure is for appropriate purpose and to proper authorities

Question 7

What can pt expect?

Answer 7

That you won’t disclose personal information

Question 8

What must pt know to be able to give consent for disclosure?

Answer 8

What will be disclosed, reason for disclosure and likely consequences

Question 9

What are recognised exceptions to duty of confidentiality?

Answer 9

1. Disclosure w/ pt consent
2. Disclosure within health team - need to know basis
3. Disclosure w/o consent in pt medical interest
4. Disclosure in interest of others (HIV)
5. Disclosure in connection w/ legal proceedings
6. Disclosure in accordance w/ statutory requirements
7. Disclosure for purpose clinical teaching, research or audit