Law 3101A/B Chapter Notes - Chapter 10: Miscarriage, Regulatory College, 2-Step Garage
Document Summary
Con dentiality = obligation not to willingly disclose information obtained in con dence without their consent = presumed. Not in breach if search warrant, subpoena, court order = not willingly. Not in breach if mandatory reporting obligations (child abuse, communicable diseases). Breaching con dentiality = disclosing information (not just being passive recipient). The fact that they"re a patient = must be kept con dential. Ok leaving dental appointment message to secretary, but not addictions counselling. Doctor should obtain consent at beginning about acceptable communication means = patient privacy rights. Explain de nition to patient to maintain trust. Limited to statements made in context of treatment with expectation of privacy (ex. not parking lot, not in presence of 3rd party). Case: sharpe estate v. northwestern general hospital (p. 137). Not absolute, certain circumstances justify breach of patient con dentiality: Reduce clear and signi cant risk of death, serious physical harm.
