Medical Law - Confidentiality Flashcards
Human Right Acts Article 8
Givens the right to a private life!
Data protection act
data must be accurate, up to date and secure!
Also provides patients with rights to data held about them e.g. rights to access, right ro remove inaccurate personal data!
When can patient access to data be refused?
Can cause serious mental or physical harm to the patient
Or harm to thrid parties!
When can disclosure occurs?
Disclosure allowed if the public interest outweigh protecting confidence
Can disclose to prevent harm to others
We must tell the patient about disclosure
When do we not tell the patient we are going to disclose information?
1) patient isn’t competent to consent
2) seeking consent may place you or others at harm
3) consent would undermine the purpose of disclosure
4) action must be taken quickly e.g. outbreak of certain diseases!
Must document why we didn’t disclose!
Edgell Case
man who had killed wanted to be moved out of a secure ward - psychiatrists disclosed the interest he still had in firearms
Tarasoff Case
Patient told doctor he was going to kill a girl
Doctor informed police but not girl, who was subsequently murdered, court felt therapist should have informed the girl!
Sharing information with relatives
Should establish what info can be shared
Not a breach to listen to relatives concerns but can’t guarantee you won’t tell the patient
Do relatives have a right to infromation
No unless patient under 16 years old, or power of attorney!
If withholding information from relatives puts them at serious risk of harm you can disclose
Genetic Information
Doctor must decide if information should be disclosed to help other family members e.g. if they had the BRCA1 gene
