Medical Confidentiality

Question 1

What is the definition and meaning of medical confidentiality?

Answer 1

Confidentiality is the state of keeping or being kept secret or private

In medicine this means a doctor or medical practitioner cannot reveal anything said to them by their patients during consultation or treatment

Question 2

What is the moral and ethical obligations of medical confidentiality?

Answer 2

Doctors are under both ethical and legal duties to protect the patients personal information from improper disclosure - patients may avoid seeking medical help or under report symptoms if they believe that out may be disclosed without consent

However the provision of safe and effective care may require appropriate information sharing and failure to do so may put patients at more risk

Question 3

What are the legal requirements and restrictions of medical confidentiality?

Answer 3

Medical confidentiality is based on the law of contract. A breach of confidentiality constitutes a breach of contract and reparative damages can be awarded against the doctor if patient can demonstrate they have suffered harm

Information acquired by doctors in their professional capacity will generally be confidential under the common law. It cannot be disclosed unless there is a legal basis for doing so

Must attend to GDPR regulations eg consent, necessary for best interests, public interest, public health, archiving purposes

Question 4

What are the circumstances in which medical confidentiality can be breach and their consequences?

Answer 4

With patients consent 
With other medical practitioners in patients best interest
Doctors own defence
Statutory requirements
When directed to by court of law
Protection of other persons 
In public interest 
Child abuse