Wed Feb 28, 2018 2:25 pm
#1594233
flybymike wrote:I note the following advice given to doctors from the GMC
https://www.gmc-uk.org/guidance/ethical ... /30666.asp
From the GMC Website:Disclosures in the public interest
15. Disclosing personal information about a patient without consent may be justified in the public interest if failure to do so may expose others to a risk of death or serious harm. This could arise, for example, if a patient may pose a serious risk to others through being unfit for work or if conditions at work are unsafe.9 If you think that a disclosure may be justified in the public interest, you should follow the guidance at paragraphs 63–70 of Confidentiality.
Disclosing information in the public interest
63. Confidential medical care is recognised in law as being in the public interest. The fact that people are encouraged to seek advice and treatment benefits society as a whole as well as the individual. But there can be a public interest in disclosing information to protect individuals or society from risks of serious harm, such as from serious communicable diseases or serious crime.23
64. If it is not practicable to seek consent, and in exceptional cases where a patient has refused consent, disclosing personal information may be justified in the public interest if failure to do so may expose others to a risk of death or serious harm. The benefits to an individual or to society of the disclosure must outweigh both the patient’s and the public’s interest in keeping the information confidential.
65. Such a situation might arise, for example, if a disclosure would be likely to be necessary for the prevention, detection or prosecution of serious crime, especially crimes against the person. When victims of violence refuse police assistance, disclosure may still be justified if others remain at risk, for example from someone who is prepared to use weapons, or from domestic violence when children or others may be at risk.
66. Other examples of situations in which failure to disclose information may expose others to a risk of death or serious harm include when a patient is not fit to drive,24 or has been diagnosed with a serious communicable disease,25 or poses a serious risk to others through being unfit for work.26
67. When deciding whether the public interest in disclosing information outweighs the patient’s and the public interest in keeping the information confidential, you must consider:
a. the potential harm or distress to the patient arising from the disclosure – for example, in terms of their future engagement with treatment and their overall health
b. the potential harm to trust in doctors generally – for example, if it is widely perceived that doctors will readily disclose information about patients without consent
c. the potential harm to others (whether to a specific person or people, or to the public more broadly) if the information is not disclosed
d. the potential benefits to an individual or to society arising from the release of the information
e. the nature of the information to be disclosed, and any views expressed by the patient
f. whether the harms can be avoided or benefits gained without breaching the patient’s privacy or, if not, what is the minimum intrusion.
68. If you consider that failure to disclose the information would leave individuals or society exposed to a risk so serious that it outweighs the patient’s and the public interest in maintaining confidentiality, you should disclose relevant information promptly to an appropriate person or authority. You should inform the patient before disclosing the information, if it is practicable and safe to do so, even if you intend to disclose without their consent.
69. Decisions about whether or not disclosure without consent can be justified in the public interest can be complex. Where practicable, you should seek advice from a Caldicott or data guardian or similar expert adviser who is not directly connected with the use for which disclosure is being considered. If possible, you should do this without revealing the identity of the patient.
70. You must document in the patient’s record your reasons for disclosing information without consent and any steps you have taken to seek the patient’s consent, to inform them about the disclosure, or your reasons for not doing so.[/quote]
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Frank Voeten
Emails to first name.lastname@nhs.net
Emails to first name.lastname@nhs.net