By Jean V. McHale
ISBN-10: 0203323157
ISBN-13: 9780203323151
ISBN-10: 0415046955
ISBN-13: 9780415046954
This booklet examines the moral duties binding a physician to her patient's confidences and asks should still these moral tasks be acknowledged within the courtroom?' more and more, English legislations has proven a responsiveness to the necessity to accord recognize to sufferer confidentiality. In perform this has concerned the prohibition of unauthorised disclosure of scientific files in nationwide newspapers and the supply of particular defense for information kept on computing device. in a single sector, notwithstanding, the legislation has been unwilling to guard sufferer confidences - the court docket. A sufferer can't cease her health practitioner from attesting although the health practitioner has promised to not reveal scientific info below any conditions. Jean V. McHale examines circumstances to work out no matter if the denial in legislation of the doctor-patient privilege is in step with the safety of alternative personal relationships. She discusses the character of scientific details and confidentiality and she or he considers the sensible concerns and questions that are raised by means of confidentiality. Jean V. McHale has written a publication which demanding situations orthodox rules of clinical confidentiality and questions the overriding correct of the legislations.
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Additional info for Medical Confidentiality and Legal Privilege (Social Ethics and Policy Series)
Sample text
Why, then, if the present system is working perfectly adequately, should we disturb the status quo? For one thing, some might want to argue that the present system provides adequate safeguards limiting the disclosure of sensitive personal information. 32 COMPARISONS AND INCONSISTENCIES One of these safeguards is that of the discretion of the judge to exclude evidence. In Attorney General v Mulholland (1963),66 Lord Denning indicated that the judge had some form of discretion to exclude confidences.
The doctor’s obligation would be overridden by the disclosure having to take place in the courtroom situation, and this breach of obligation would be as fundamental whether disclosure was made behind closed doors or in open court. Confidentiality is then a value much underrated in the law of evidence. Should there be more protection for doctor-patient confidences in the courtroom? While there is no evidential privilege as such, there may be room for argument concerning the extent to which a judicial discretion to exclude certain confidential information exists.
64 They recommended that the court should have a general discretion to protect communications/records made in circumstances in which one party is under an obligation not to disclose them. The court should first consider if disclosure is likely to cause harm to an interested person; so, for example, if the psychiatrist’s revelation in court would harm the individual patient, that evidence could be excluded. Alternatively, even if disclosure did not cause harm to that particular person, but the disclosure could cause harm to the doctor-patient relationship, then again the court may exclude it.
Medical Confidentiality and Legal Privilege (Social Ethics and Policy Series) by Jean V. McHale
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