Medical Confidentiality in the Family: The Doctor's Duty Reconsidered

International Journal of Law, Policy & the Family, Vol. 18, No. 2, p. 195, 2004

32 Pages Posted: 24 Feb 2009

Date Written: 2004

Abstract

One of the most difficult issues doctors face is a conflict between their professional duties. Such a conflict may arise when doctors know that information has implications not only for patients but also for family members but their duty of confidentiality prevents them from disclosing it. Concentrating on English law, the doctors' duty is strict and based on two principles: an individualistic perception of patient autonomy and an overriding utilitarian principle of prevention of harm. However, as the empirical research presented in the article indicate these principles do not entirely reflect the views of patients and doctors and are too narrow to deal with the complex situations in practice. Thus, it is argued that the doctor's duty of confidentiality should be reconsidered and qualified when it concerns the family.

Suggested Citation

Gilbar, Roy, Medical Confidentiality in the Family: The Doctor's Duty Reconsidered (2004). International Journal of Law, Policy & the Family, Vol. 18, No. 2, p. 195, 2004 , Available at SSRN: https://ssrn.com/abstract=1345068

Roy Gilbar (Contact Author)

Netanya Academic College ( email )

1 University St
Netanya 42100, 4223587
Israel

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