Group 4 Project: Medicine and the Law

Common Law Duty

Patients may be unwilling to disclose

Not a single statute or common law body of laws governing confidentiality

Hippocratic Oath

favour

Best medical care can be given because patient will be honest

Aids an effective health care system

Builds up trust

Against

May be better for the protection of the patient

May protect others in society

Consent

Public Interest

HIV

Family (Child Protection)

Preventing or detecting crime

Medical Research

Press Freedom

Statutory

Confidentiality and the deceased

General Duty continues after death

Guidance from Genreral Medical Council

HIV

Heath Authority Duty to Report (Aids Control Act 1987)

Disclosure of infected health worker( X v Y and H v Associated Newspapers Limited)

Disclosure to sexual partner

General Medical Council and Institute of Medical Ethics (Guidance)

No decison in the UK

US and Canada- Statutory duty to inform person at risk

Australia (PD v Harvey and Chen) Disclosing as last resort

Position if person at risk is also a patient of the Dr. (Special relationship)

Children

Child abuse

M and N (Minors), Re

Confidence can be breached if there is evidence patient is abusing a child

Subtopic

Contraception

Gillick v West Norfol Area Health Authority (1985)

Lord Fraser Guidelines

2004 Department of Health document that gives guidance on giving advice and treatment to under 16s

Abortions

Women under 16 can seek an abortion without parental consent

If they meet Fraser guidelines

R. (on applidcation of Axon) v. Secretary of Health 2006

Moth sought review of 2004 document, wanted disclosure

Capacity

Age of Legal Capacity (Scotland) Act 1991

s.1(a)

s.2 (4)

Mental Health Act 2007

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