This classic textbook, now in its 40th year, focuses on medical law and its relationship with medical ethics and practice. It provides thorough coverage of key topics found on medical law courses, and in-depth analysis of recent court decisions and legislation, encouraging students to think critically about this area of study. The textbook covers the whole field of modern ethical medical practice, making the book suitable for use on all undergraduate and postgraduate medical law courses. It presents a diversity of views in ethical debates, provides analysis of significant new cases and key legislative developments, and encourages students to explore and form their own opinions on contested issues in medical law. It adopts a UK-wide approach to the examination of medical law, taking account of the impact of devolution and Brexit, as well as the influence of international policy and legal developments in shaping medical law in the UK. Among other updates to this edition include brand new ethics chapters that introduce students to concepts, theories, and tools that frame interpretation and analysis of medical law, as well as new or revised chapters in the governance of the UK health system, public health, the regulation of health and social care professionals, and mental health.
Book
Anne-Maree Farrell and Edward S. Dove
Chapter
7. Confidentiality
This chapter examines the legal and ethical aspects of medical confidentiality. The discussion includes the legal basis of confidentiality; defences to claims of breach of confidentiality; the Data Protection Act 1998; legal remedies in confidentiality cases; patient access to their own health information; and ethical arguments for and against confidentiality. Underpinning this chapter is the tension between requiring that a patient’s confidences are kept and the fact that sometimes there is an overwhelming reason why confidentiality needs to be breached. A further difficulty for this topic is that once confidentiality has been breached it can be very difficult to formulate an effective legal remedy.
Chapter
11. Medical Confidentiality and Data Protection
A. M. Farrell and E. S. Dove
This chapter covers two legal regimes in the biomedical context that are of increasing importance and complexity: the common law duty of confidentiality and data protection law. Both regimes have experienced significant development in the past generation. As part of this exploration, brief consideration will also be given to a third related and emerging legal regime, namely the tort of ‘misuse of private information’. The central focus of the chapter is the interplay between UK data protection law, the duty of confidentiality, and wider frameworks in Europe and at the international level. A range of sources are considered, including case law, primary, and secondary legislation such as the Health Service (Control of Patient Information) Regulations 2002, UK General Data Protection Regulation, and Data Protection Act 2018; guidance from entities such as the General Medical Council; and academic literature. The chapter illustrates that following both Brexit and the Covid-19 pandemic, medical confidentiality and data protection law are undergoing a state of reform that may have significant implications for patient privacy and trust in the healthcare system.
Chapter
6. Medical Confidentiality
G. T. Laurie, S. H. E. Harmon, and E. S. Dove
This chapter discusses ethical and legal aspects of medical confidentiality. It covers the relationship between confidentiality and data protection law; the possible exceptions to the confidentiality rule; confidentiality and the legal process; confidentiality for the purposes of medical research; patient access to medical records; remedies for breach of confidentiality; and confidentiality and death.
Book
Jo Samanta and Ash Samanta
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Medical Law Concentrate provides a study and revision guide aiming to cover the essential aspects of this rapidly changing field of law. Topics covered include: the contemporary healthcare environment; medical negligence; consent; confidentiality; and access to medical records. The volume also looks at abortion and prenatal harm, assisted reproduction, clinical research, and organ transplantation. Finally, it covers mental health law and the end-of-life decisions. The work is underpinned by reference to statutory provisions and the common law. Where appropriate, pertinent bioethical and moral principles that often underpin the law in this area are discussed, as well as the influence of quasi-law. Reference is made to key points of comparison with other jurisdictions, as well as some socio-legal considerations.
Chapter
4. Confidentiality and access to medical records
This chapter examines confidentiality as a fundamental aspect of doctor–patient relationships: its ethical basis and equitable, contractual, and tortious obligations. It then considers the law governing access to medical records and statute that necessitates fair and lawful processing of sensitive personal data and the EU General Data Protection Regulation aimed at harmonising data protection legislation. It discusses exceptions to the duty of confidentiality, including explicit and implied consent, prevention of harm to others, police investigation, public interests, and press freedom. The chapter considers confidentiality with respect to children; adults who lack capacity and deceased patients; remedies available for breach of confidence; access to electronic patient records; and issues raised by genetics-related information.
