Legal Issues And Healthcare Information

Question 1

When can confidentiality be breached?

Answer 1

• public safety and health
• public health Act (notification of public health risk for HIV
• department of community services (DOCS)
• crimes

Question 2

Defamation

Answer 2

A statement of fact or opinion or implied fact or opinion that:

• harms the persons reputation
• has been published
• refers to the person bringing the action

Question 3

Privacy and confidentiality

Answer 3

• health care professionals have a legislative obligation to comply with the Health Records and Information Privacy Act
• we owe patients a common law duty of privacy
• confidentiality is a legal, professional and ethical duty - it is an assurance against disclosure of personal information gained via a professional relationship