Medical confidentiality

Question 1

Domain 4 of the GMC good medical practice focuses on?

Answer 1

maintaining trust

Question 2

Give some factors included in domain 4 (7)

Answer 2

Show respect for patients.
Treat patients as individuals and respect their dignity.
Treat patients politely and considerately.
Respect patients’ right to confidentiality.
Treat patients and colleagues fairly and without discrimination.
Act with honesty and integrity.
Never abuse your patients’ trust in you or the public’s trust in the profession.

Question 3

If patients do not trust doctor what may happen?

Answer 3

they may not seek help
under report symptoms- - may feel embarrassed or intimidated
may not disclose whole truth - may need it for diagnosis and treatment options

Question 4

Word that means patient are central to decision making

Answer 4

autonomy

Question 5

doctors have what duties to protect a patients personal information?

Answer 5

ethical and legal

Question 6

When may patients may be put at risk ?

Answer 6

those who are providing their care do not have access to relevant, accurate and up-to-date information about them.

Question 7

What does the moral obligation extend to?

Answer 7

children (won’t consent in the same capacity), indeed to the dead whose medical affairs may only be discussed with appropriate authorities (e.g. next of kin, executor)

Question 8

What is the only exception of moral obligation?

Answer 8

medical certificate of cause of death

Question 9

What is medical confidentiality based on?

Answer 9

the law of contract and equity

a breach of contract constitutes breach of contact

Question 10

The common law is?

Answer 10

Information acquired by doctors in their professional capacity will generally
be confidential

Question 11

The common law states?

Answer 11

a doctor must not disclose confidential information, unless there is a legal basis for doing so.

Question 12

What is the GDPR based around?

Answer 12

six data protection principles and provides a range of rights for individuals.
provide an outline of rights an individual has over info shared about them

Question 13

What is GDPR defined as?

Answer 13

any information relating to an identified or identifiable natural person (‘data subject’ - patient ); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person’

Question 14

GDPR - what does the data protection principles state? (6)

Answer 14

Be processed lawfully, fairly and in a transparent manner
Be processed for specified, explicit and legitimate purposes and not in any manner incompatible with those purposes
Be adequate, relevant and limited to what is necessary in relation to the purposes
Be accurate and up to date
Must not be kept for longer than is necessary
Be secure

Question 15

Confidentiality guidelines - 8 principles

Answer 15

Manage and protect information
Be aware of your responsibilities
Comply with the law
Share relevant information for direct care
Ask for explicit consent
Tell patients
Support patients to access their information

Question 16

GDPR for doctors conditions- (4/5)

Answer 16

data usually given with explicit consent, incapacity or a child - processing is necessary to protect vital interests,
The processing is necessary for reasons of substantial public interest and in the areas of public interest in public health, statistical and research purposes (look for consent)

Question 17

When can you breach confidentiality

Answer 17

1. the patient gives consent - data to be shared
2. discussing a patient or result in a patients best interest with team
3. patient discloses information (i.e HIV positive but won’t tell partner)
4. Child abuse - kid discloses info or has injuries etc - inform authorities (police or social services)
5. In public interest - terrorism, murder homicide, rape
6. In the doctors own defence
7. Protection of others
8. Statutory requirements - - prevention, detection and prosecution of serious crimes

Question 18

What does GDPR provide

Answer 18

alternative conditions for processing data which are likely to be more appropriate in a health context. - doctors can share info on the basis of impaired consent if the conditions set out for direct care and for local clinical audit are met.

Question 19

Good sources of advice - 2 pillars

Answer 19

1. Caldicott or data guardians - seniors in NHS - can go to seek ethical approval
2. The data protection officers have statutory function under the General Data Protection Regulation to monitor a data controller’s compliance with the GDPR