Health Sciences 3101A/B Lecture Notes - Lecture 10: Miscarriage, Fiduciary, Law Of Obligations
Document Summary
Part 1: general principles of confidentiality: the legal concept of confidentiality. Legal obligation of confidentiality is the obligation not to willingly disclose information obtained in confidence from a person without the persons consent. Disclosure may be required by search warrants, mandatory reporting obligations. Since these are not willingly, they don"t constitute breaches. Obligation arises in situations that created an expectation of privacy. Courts assume that all tx, counseling and care professionals owe this obligation to their pts. The fact that a person is a pt is confidential. Hcp should talk about confidentiality at outset of relationships. Confidentiality is limited to information received in course of professional relationship. Confidentiality will not arise in activities of daily living occurring in public or to statements made in presence of third party. Being a passive recipient of confidential information does not breach confidentiality. If there is no relationship of expected confidentiality/privacy, then information is available to others.