consequences of breaching confidentiality

Question 1

practitioners who breach common law obligation may be held civilly liable in both

Answer 1

• contracts and torts
• practitioner can be sued by the patient for breaching treatment contract and fired for cause (ie. without being entitled to notice or severance pay) by their employer for breaching employment contract

Question 2

wrongful access

Answer 2

civilly liable for tort intrusion and seclusion

Question 3

wrongful disclosure

Answer 3

civilly liable in tort for breach of confidentiality and invasion of privacy

Question 4

breaching fiduciary duty

Answer 4

practitioners may be sued in their capacity as a fiduciary for breach their equitable obligations of confidentiality

Question 5

professional misconduct by regulatory bodies

Answer 5

• practitioners who wrongfully access, use or disclose confidential patient information may be found guilty of professional misconduct which they have broad disciplinary poweres (colleges)
• can have certificate limited, suspended or revoked and they can fined up to $5000

Question 6

breach in confidentiality provisions in provincial or federal statute

Answer 6

• result being charges ith an offence, if convicted, fined and or imprisoned
  ex. under PHIPA the max fine for violating the act is $50, 000 for an indv and $250 000 for a corporation
• prov privacy comissioner has broad authorities to issue remedial orders, and civil damages may be awarded

Question 7

members of professional association who breach confidentiality

Answer 7

• expected to abide by code of ethics or conduct

- power to reprimand or revoke membership of those who violate standards