Confidentiality, Privacy and Disclosure  

Oleh:

Breen, Kerry J. ; Cordner, Stephen M. ; Thomson, Colin J. H. ; Plueckhahn, Vernon D.

Jenis: Article from Books - E-Book
Dalam koleksi: Good Medical Practice Professionalism, Ethics and Law, page 69-86.
Topik: Confidentiality; Privacy and Disclosure; The Legal Basis of Confidentiality; Statutory Authorisation of Disclosure
Fulltext: Confidentiality, Privacy and Disclosure.pdf (184.35KB)

Isi artikel

Fundamental to a proper doctor–patient relationship is the assurance that information provided by the patient to the treating doctor will remain strictly con?dential. Doctors must be free to ask their patients any questions necessary for diagnosis and treatment, and patients must be willing to trust doctors by giving full answers. Maintaining such trust has a wider social bene?t of ensuring that medical practice serves to promote and maintain the health of the community. The basis of this trust lies in one of the oldest ethical principles of medical practice stated in the Hippocratic Oath as: whatsoever I shall see or hear in the course of my profession in my intercourse with men, if it be what should not be published abroad, I will never divulge, holding such things to be holy secrets. This same obligation has since been repeated in the World Medical Association Declaration of Geneva as ‘I will respect the secrets con?ded in me, even after the patient has died’ This ethical requirement for con?dentiality, well understood by doctors, has been overlaid in Australia in recent years by the progressive introduction of privacy legislation at the federal level and in some states, which for doctors covers very much the same territory as this ethical requirement. As a result, doctors now need to understand the ethical and legal bases of their professional obligations in this regard. In this chapter, both bases are described and explained. However, it is the authors’ view that doctors who conscientiously adhere to the ethical principles involved in maintaining patient con?dentiality, and who communicate effectively with their patients, are very unlikely to be in breach of the complex mix of privacy law. This complex mix includes not only different legislation at federal and state levels, but also between the public and private sectors. In some states, the privacy law is contained within

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