Medical confidentiality and the competent patient.

Details

Serval ID
serval:BIB_A03F8F2F603D
Type
Article: article from journal or magazin.
Collection
Publications
Institution
Title
Medical confidentiality and the competent patient.
Journal
Journal of Medical Ethics
Author(s)
Niveau G., Burkhardt S., Chiesa S.
ISSN
1473-4257 (Electronic)
ISSN-L
0306-6800
Publication state
Published
Issued date
2013
Peer-reviewed
Oui
Volume
39
Number
11
Pages
686-689
Language
english
Notes
Publication types: Journal ArticlePublication Status: ppublish
Abstract
Confidentiality is both a fundamental principle of medical ethics and a legal obligation. In exceptional situations not covered by legal provisions, doctors may want to waive confidentiality against the wishes of the patient. Swiss law calls for an authority to rule on such cases. In the Canton of Geneva this authority is the Commission for Professional Confidentiality. This paper concerns 41 cases managed by this commission. The study shows that the majority of these requests to the Commission concern the reporting of patients who are not incompetent but need the protection of a legal guardianship. In rare cases, there is another interest higher than confidentiality: public order or functioning of justice. The Commission found that the measure requested was justified in the majority of cases brought before it. This study focuses on exceptional cases but it throws into relief the conflict between the principle of autonomy on the one hand and the need for patient protection and social justice on the other.
Keywords
Adolescent, Adult, Aged, Aged, 80 and over, Beneficence, Child, Confidentiality, Ethics, Medical, Female, Humans, Male, Mental Competency/legislation & jurisprudence, Middle Aged, Personal Autonomy, Physician's Role, Physician-Patient Relations, Social Justice, Switzerland, Vulnerable Populations, Young Adult
Pubmed
Web of science
Create date
10/08/2016 13:31
Last modification date
20/08/2019 16:06
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