The Experts below are selected from a list of 11172 Experts worldwide ranked by ideXlab platform
Gabrielle Wolf - One of the best experts on this subject based on the ideXlab platform.
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Medical Confidentiality and patient privacy
Social Science Research Network, 2018Co-Authors: Danuta Mendelson, Anne Rees, Gabrielle WolfAbstract:Although Confidentiality and privacy are often seen as interchangeable, they are different concepts. Confidentiality in Medical treatment dates back to Ancient Greece. Privacy is a much more modern concept. Confidentiality is linked to personal dignity and patient autonomy. It is an equitable and legal concept long recognised in the law and reflected in the ethical duties owed by doctors to patients. The duty exists because there is a public interest in promoting disclosure within the doctor–patient relationship. There can be a tension between the public interest in individual patients retaining the right to Confidentiality and the public interest in disclosure of patients’ health information. Privacy as a concept received little attention until recently in Australian law. At common law, patients had no general right of access to their health records. In recent years, Australian parliaments have granted patients statutory rights to the privacy of and access in relation to their health records. However, information privacy is determined by overlapping and, at times, inconsistent legislation. The legislation that created the “My Health Record system”, Australia’s national electronic health records system, poses risks to Confidentiality of patients’ Medical information and patients’ privacy.
Danuta Mendelson - One of the best experts on this subject based on the ideXlab platform.
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Medical Confidentiality and patient privacy
Social Science Research Network, 2018Co-Authors: Danuta Mendelson, Anne Rees, Gabrielle WolfAbstract:Although Confidentiality and privacy are often seen as interchangeable, they are different concepts. Confidentiality in Medical treatment dates back to Ancient Greece. Privacy is a much more modern concept. Confidentiality is linked to personal dignity and patient autonomy. It is an equitable and legal concept long recognised in the law and reflected in the ethical duties owed by doctors to patients. The duty exists because there is a public interest in promoting disclosure within the doctor–patient relationship. There can be a tension between the public interest in individual patients retaining the right to Confidentiality and the public interest in disclosure of patients’ health information. Privacy as a concept received little attention until recently in Australian law. At common law, patients had no general right of access to their health records. In recent years, Australian parliaments have granted patients statutory rights to the privacy of and access in relation to their health records. However, information privacy is determined by overlapping and, at times, inconsistent legislation. The legislation that created the “My Health Record system”, Australia’s national electronic health records system, poses risks to Confidentiality of patients’ Medical information and patients’ privacy.
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the duchess of kingston s case the ruling of lord mansfield and duty of Medical Confidentiality in court
International Journal of Law and Psychiatry, 2012Co-Authors: Danuta MendelsonAbstract:The aim of this article is to demonstrate that the ruling commonly cited as the original precedent(1) for the doctrine that, at common law, Medical practitioners' duty of Confidentiality to their patients does not apply to court testimony,(2) did not, in fact, establish any such theory. The ruling by Lord Mansfield was made in the context of cross-examination by the Crown of a Medical witness in the course of the trial of the Duchess of Kingston (Duchess of Kingston's Case (1776) 20 Howell's State Trials 355; [1775-1802] All ER Rep 623; [1776] 1 Leach 146), and this article will look briefly at: (1) the fascinating life of Elizabeth Chudleigh, the Dowager Duchess of Kingston, and the main events that led to her trial for bigamy; (2) the cross-examination of Caesar Hawkins and the different perceptions of the scope of Confidentiality held by 18th century lawyers on the one hand and Medical practitioners on the other; (3) Lord Mansfield's ruling that witnesses cannot withhold from the court facts which the law considers to be in the public domain; (4) the subsequent wide interpretation, usually as judicial obiter dicta, of its final paragraph during the 19th century, including early jurisprudential responses to the principle of Medical Confidentiality; and (5) the influence of John Henry Wigmore's opposition to patients' evidentiary privilege at common law during the twentieth century.
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tarasoff down under the psychiatrist s duty to warn in australia
The Journal of psychiatry & law, 1991Co-Authors: Danuta Mendelson, George MendelsonAbstract:The authors discuss the differences between the U.S. and Australia in legal approach and in the codes of Medical ethics to the issues of Medical Confidentiality and disclosure as represented by the Tarasoff case. It is argued that in Australia, a psychotherapist would not be justified in breaching his duty of Confidentiality towards a patient. The ethical codes that govern clinical practice in Australia, and the common law, focus primarily upon the therapeutic relationship between the doctor and the patient, virtually excluding any considerations extraneous to that relationship.
Fred Rosner - One of the best experts on this subject based on the ideXlab platform.
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Medical Confidentiality and patient privacy the jewish perspective
Einstein Journal of Biology and Medicine, 2016Co-Authors: Fred RosnerAbstract:This article presents the approach of Jewish law to the major issue of Medical Confidentiality and patient privacy. For an extensive discussion of Jewish Medical ethics and an in-depth presentation of the Jewish view of 39 major issues in Medical ethics, the reader is referred elsewhere [15]. Briefly, the Jewish view toward Medical ethical subjects is predicated on the general principle of the supreme value of human life. In Judaism, all biblical and rabbinic laws are temporarily waived in order to save a human life. Physicians are obligated to heal patients from their illness, to induce remission and cure of disease whenever possible. Similarly, patients are obligated to lead healthy lifestyles, to consult physicians when they are sick and to be compliant with the physician's therapeutic recommendations. The Jewish view on Medical Confidentiality and patient privacy as presented in this essay flows from these general principles of Jewish Medical ethics.
Pamela Sankar - One of the best experts on this subject based on the ideXlab platform.
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a qualitative study of women s views on Medical Confidentiality
Journal of Medical Ethics, 2005Co-Authors: G Jenkins, Jon F Merz, Pamela SankarAbstract:Context: The need to reinvigorate Medical Confidentiality protections is recognised as an important objective in building patient trust necessary for successful health outcomes. Little is known about patient understanding and expectations from Medical Confidentiality. Objective: To identify and describe patient views of Medical Confidentiality and to assess provisionally the range of these views. Design: Qualitative study using indepth, open ended face-to-face interviews. Setting: Southeastern Pennsylvania and southern New Jersey, USA. Participants: A total of 85 women interviewed at two clinical sites and three community/research centres. Main outcome measures: Subjects’ understanding of Medical Confidentiality, beliefs about the handling of confidential information and concerns influencing disclosure of information to doctors. Results: The subjects defined Medical Confidentiality as the expectation that something done or said would be kept “private” but differed on what information was confidential and the basis and methods for protecting information. Some considered all Medical information as confidential and thought Confidentiality protections functioned to limit its circulation to Medical uses and reimbursement needs. Others defined only sensitive or potentially stigmatising information as confidential. Many of these also defined Medical Confidentiality as a strict limit prohibiting information release, although some noted that specific permission or urgent need could override this limit. Conclusions: Patients share a basic understanding of Confidentiality as protection of information, but some might have expectations that are likely not met by current practice nor anticipated by doctors. Doctors should recognise that patients might have their own Medical Confidentiality models. They should address divergences from current practice and provide support to those who face emotional or practical obstacles to self-revelation.
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patient perspectives of Medical Confidentiality a review of the literature
Journal of General Internal Medicine, 2003Co-Authors: Pamela Sankar, Jon F Merz, Susan Mora, Nora L JonesAbstract:Medical Confidentiality, despite its diminished state, remains important to doctors and patients.1 Effective treatment requires accurate information. Patients are most likely to provide this information when they are not worried about public exposure. Organized medicine has begun to take seriously the need to respond officially to patient concerns.2,3 An AMA task force has issued guidelines for health care organizations and experts have emphasized the urgent need to take seriously these patient concerns.2,3 The federal government has sought to reinforce deteriorating Confidentiality protections by limiting some secondary uses of Medical information.4 At the same time, however, new regulations permit or simplify access to Medical information for insurers, practitioners, researchers, and law enforcement.4 Whether the combined effects of these provisions will be to increase, decrease, or bypass patient Confidentiality concerns is unpredictable. A more certain consequence may be that patients will be confused about their rights to, and the scope of, Medical Confidentiality protection. Guiding patients through these changes and preserving the benefits of Medical Confidentiality will not be easy. A greater awareness of how patients understand Medical Confidentiality and what they are likely to do when they believe Confidentiality protections are inadequate is essential. A shift in perspective can facilitate the process. Instead of analyzing Medical Confidentiality from the physician's perspective as a professional and bureaucratic responsibility, we look at how patients understand and use it. However, although patient interests are at the core of Medical Confidentiality policy, patient views are at the margins of scholarly attention. This review has collected what research is available and analyzes it to inform physicians about important, and some unexpected, patient concerns.
Raymond Voltz - One of the best experts on this subject based on the ideXlab platform.
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denying a patient s final will public safety vs Medical Confidentiality and patient autonomy
Journal of Pain and Symptom Management, 2011Co-Authors: Jan Gaertner, Julia Vent, Ralf Greinwald, Markus A Rothschild, Christoph Ostgathe, Rene Kessel, Raymond VoltzAbstract:Abstract Especially when caring for patients approaching the end of life, physicians and nursing staff feel committed to fulfilling as many patient desires as possible. However, sometimes a patient's "final will" may threaten public safety. This can lead to severe conflicts, outweighing the physician's obligation and dedication to care for the patient and to respect his autonomy. Yet, public safety can be threatened if Confidentiality is not broken. This article provides a concise summary of the medicolegal and ethical fundamentals concerning this difficult situation. If the patient's and others' health and safety are at risk, physicians may (and in some countries must) break Medical Confidentiality and disclose confidential patient information to the police and other authorities. Physicians should be able to professionally deal with such a conflict in all patients, not only in patients with advanced illness.