Medical Confidentiality and Legal Privilege (Social Ethics and Policy Series)

This book examines the ethical obligations binding a doctor to her patient's confidences and asks Should those ethical obligations be recognised in the courtroom?' Increasingly, English law has shown a responsiveness to the need to accord respect to patient confidentiality. In practice this has involved the prohibition of unauthorised disclosure of medical records in national newspapers and the provision of special protection for data stored on computer. In one area, however, the law has been unwilling to protect patient confidences - the courtroom. A patient cannot stop her doctor from testifying even though the doctor has promised not to divulge medical information under any circumstances. Jean V. McHale examines cases to see whether the denial in law of the doctor-patient privilege is consistent with the protection of other confidential relationships. She discusses the nature of medical information and confidentiality and she considers the practical issues and questions which are raised by confidentiality. Jean V. McHale has written a book which challenges orthodox ideas of medical confidentiality and questions the overriding right of the law. This book examines what ethical obligations bind a doctor to keep her patient's confidences and asks 'Should those ethical obligations be recognised in the court room?'. Increasingly, English law is responding to the need to respect patient confidentiality. Unauthorised disclosure of medical records by the press has been restrained and the provision of special safeguards surrounds data stored on computer. In one area, however, the law has been unwilling to protect patient confidences - the court room. A patient cannot stop her doctor from testifying even though the doctor has promised not to divulge medical information under any circumstances. Jean V. McHale asks whether the denial in law of the doctor-patient privilege is consistent with the protection given to other confidential relationships. She discusses the nature of confidentiality in modern medical practice and the practical problems and ethical dilemmas facing the healthcare professional. Jean V. McHale has written a book which challenges orthodox ideas of medical confidentiality and questions the overriding right of the law

medical Confidentiality And Legal Privilege Examines The Ethical Obligations Binding A Doctor To A Patient's Confidences And Asks Whether These Should Be Recognized In The Courtroom. English Law Has Been Increasingly Responsive To The Need To Respect Patient Confidentiality. In Practice, This Has Involved The Prohibition Of Unauthorized Disclosure Of Medical Records In National Newspapers And The Provision Of Special Protection For Data Stored On Computers. But In The Courtroom The Law Has Been Unwilling To Protect Patient Confidences. For Example, A Patient Cannot Prevent A Doctor From Testifying Even If The Doctor Has Promised Not To Divulge Medical Information Under Any Circumstances.

Jean V. Mchale Examines Individual Cases To Analyze Whether The Denial In Law Of The Doctor-patient Privilege Is Consistent With The Protection Of Other Confidential Relationships. She Discusses The Nature Of Medical Information And Confidentiality And Considers The Practical Issues And Questionswhich Are Raised By Confidentiality.

First Published in 2004. Confidentiality in the era of AIDS is a'buzz-word'in medical practice. But in the court room there is no confidentiality. A doctor can be forced to disclose her patient's confidences. This book asks: Why is this the case? Why are other professional confidential relationships protected in the court room? What is the nature of confidentiality in modern medical practice? Do doctors really keep patient information confidential? Is there a need for statutory reform? First Published in 2004. Confidentiality in the era of AIDS is a 'buzz-word' in medical practice. But in the court room there is no confidentiality. A doctor can be forced to disclose her patient's confidences. This book Why is this the case? Why are other professional confidential relationships protected in the court room? What is the nature of confidentiality in modern medical practice? Do doctors really keep patient information confidential? Is there a need for statutory reform? McHale asks why a doctor can be forced to disclose a patients' confidences in court when other professional confidences are protected. She goes on to look at whether doctors keep patients' confidences and the need for statutory reform