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Medical law > What counts as confidential info, GMC principles on appropriate/inappropriate breach situations > Flashcards

What counts as confidential info, GMC principles on appropriate/inappropriate breach situations Flashcards

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1
Q

Give 4 examples of confidential info?

A

Medical records

Audio/visual recordings

Patient details

Fact that they are your patient

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2
Q

If a clinician uses a patient case as an example, why could that be confidential info?

A

Details of patient’s specific diagnosis and treatment could make them identifiable to third-parties

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3
Q

Give 4 examples of where professional duty of confidentiality arises from?

A

Regulatory bodies eg. General Medical Council

Common law

Statute (act of parliament)

Employment contract

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4
Q

What is a statute?

A

Act of parliament

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5
Q

Why do GMC principles state that patient confidentiality is essential for the clinician-patient relationship?

A

Maintains trust in clinician-patient relationship

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6
Q

Give 2 reasons why trust in the clinician-patient relationship is important?

A

Patients are willing to seek medical attention

Patient give doctors relevant info to provide good care

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7
Q

Why does GMC state that appropriate info sharing is important?

A

Efficient provision of safety and care of individual patients and the wider community

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8
Q

Do GMC principles state that a clinician must always obtain patient consent to disclose confidential info?

A

Need patient consent, unless law allows/requires clinician to disclose info regardless of obtained consent

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9
Q

In situations where confidential info is inappropriately disclosed, is confidentiality still maintained?

A

No, there is breached confidentiality

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10
Q

How could an email containing confidential info cause a confidentiality breach?

A

Email is sent to wrong person who has similar address to correct patient

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11
Q

Give 2 examples of how confidential info could be lost or stolen in a hospital, causing a confidentiality breach?

A

Unencrypted memory stick

Ward handover notes

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12
Q

How could a confidentiality breach occur in public?

A

Casual conversation, notes containing identifiable info are left in public area

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13
Q

How could a confidentiality breach occur online?

A

Peer groups on social media, clinicians post identifiable info

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14
Q

How could patient enquiries lead to a confidentiality breach?

A

Their identity isn’t verified by security checks, so person might be mistaken as correct patient or given info without patient consent to share

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15
Q

If there is serious/persistent failure to follow GMC confidentiality principles, what are the 3 consequences for the doctor?

A

Risk of losing registration

Dismissal

Criminal prosecution

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16
Q

What 2 consequences does the employer face after a confidentiality breach?

A

Bad publicity

Financial penalty with civil claim

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17
Q

What GMC document provides advice for social media use by clinicians?

A

Doctors’ Use of Social Media (2013)

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18
Q

What GMC document provides guidance on maintaining child confidentiality?

A

0-18 ethics guide summary

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19
Q

If the child is aged 16-17, are the competent to consent to medical treatment?

A

They are presumably competent to give consent

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20
Q

Is a 16-17 yrs old child entitled to the same duty of confidentiality as an adult?

A

Yes

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21
Q

Where has the guidance for confidentiality of a 16 or under child come from?

A

Sexual heath and contraception cases

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22
Q

What does the guidance for children 16 or under confidentiality state?

A

They still are entitled to a duty of confidentiality

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23
Q

What assessment is done to evaluate if a child aged 16 or under can give consent for medical treatment?

A

Gillick competence assessment

24
Q

What 3 qualities must a child aged 16 or under have to give consent for their treatment, according to Gillick competence assessment?

A

Enough intelligence, understanding, competence

25
Q

If a child aged 16 or under is Gillick competent, how do their rights compare to parental rights?

A

Child’s right to confidentiality and confidential care is more important than any parental rights

26
Q

If a child aged 16 or under is not Gillick competent, do they still have right to confidentiality?

A

Child is primarily owed confidentiality but they can’t give informed consent, so individual with parental responsibility is involved in decisions regarding child’s care

27
Q

If a child aged 16 or under is not Gillick competent, who is involved in decisions about the child’s medical treatment?

A

Child

Individual with parental responsibility for child

28
Q

If an adult lacks capacity, are they still owed duty of confidentiality?

A

Yes

29
Q

If an adult lacks capacity, who else is involved in their decision-making, and 3 things what do they contribute?

A

Individuals involved in the patient’s care contribute their own values, beliefs, wishes

30
Q

If an adult lacks capacity, what is the purpose of discussing and disclosing their confidential info?

A

Must be in the patient’s best interests

31
Q

Do deceased patients still have consent?

A

Yes

32
Q

If a living patient asks to keep their info confidential after their death, must this be obeyed?

A

Yes, disclosing info after death would still be a breach of confidentiality

33
Q

Give 2 examples of when confidential info of a deceased patient can be disclosed?

A

Requested by law

To assist coroner

34
Q

What are the 4 circumstances in which confidential info can be disclosed?

A

Patient’s best interests

Public interest

Statute or judge-ordered

Implied/express consent

35
Q

When patient consent is obtained to disclose confidential info, what 3 factors must the patient agree with?

A

What info is being disclosed

Why the info is disclosed

Consequences of disclosure

36
Q

If patients give implied consent to disclose confidential info, who does this entail?

A

Family and other healthcare members

37
Q

If a patient wishes to not disclose their confidential info to other healthcare members, what is the clinician’s response?

A

Patient wish must be respected

38
Q

In the patient’s best interests, give 2 examples of when confidentiality is breached?

A

Emergency situation

Patient lacks capacity to consent

39
Q

When confidentiality is breached in the patient’s best interests, what is this act called?

A

Act of necessity

40
Q

Give 4 examples of situations in which statute requires obligatory disclosure of confidential info?

A

Road traffic collisions

Notifiable disease

Human fertility

Cancer registries

41
Q

When the GMC investigates a doctor’s fitness to practise, must their confidential info be disclosed?

A

Yes

42
Q

In a NHS counter fraud investigation, why is there full disclosure of confidential info?

A

To identify fraud risks as accurately as possible

43
Q

Give 3 examples of situations in which a judge can order disclosure of confidential info in a court of law?

A

Criminal proceedings

Child protection proceedings

Coroners’ court: examining violent and unnatural deaths

44
Q

If a court witness is judge-ordered to disclose confidential info, will they face consequences for this breach?

A

No, this breach is privileged as the judge has requested it

45
Q

In a trial, who determines the extent of confidential info that is disclosed?

A

Judge

46
Q

In what type of circumstance can healthcare professionals disclose confidential info for public interest?

A

Exceptional circumstances

47
Q

If there was a serious crime, why must healthcare professionals disclose confidential info?

A

Prevent crime and support crime investigation and detection

48
Q

If healthcare professionals knew that a person was abusive, must they disclose confidential info of that person in public interest?

A

Yes, to prevent serious harm or abuse to others

49
Q

If healthcare professionals have judged that achieved public good outweighs duty of confidentiality in an exceptional circumstance, what do they do?

A

Disclose the relevant confidential info in public interest

50
Q

When confidential info is disclosed in public interest, how much info should be disclosed?

A

Relevant info to case details only

51
Q

When decisions to disclose confidential info are made in public interest, are all the decisions equally important?

A

Yes, all decisions choosing disclosure must have their own merits

52
Q

Why must healthcare professionals record any decisions made to disclose confidential info in public interest?

A

To show the exceptional circumstances under which decisions were made

53
Q

Even if confidential info is disclosed in public interest, should consent still be gained?

A

Ideally yes

54
Q

Give 2 situations in which public interest disclosure can be shared with police?

A

Serious harm to individuals

Serious harm to national security/public order

55
Q

According to the Police and Criminal Evidence Act 1984, can police request disclosed confidential info for any case?

A

No, it must be a serious arrestable offence

56
Q

According to the Police and Criminal Evidence Act 1984, what warrant is needed to obtain confidential info?

A

Special procedure warrant

57
Q

According to the Police and Criminal Evidence Act 1984, who can order to disclose confidential info of a victim or suspect?

A

Circuit judge

Medical law (8 decks)

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