Med Juris

Topics: Physician, Health care, Medicine Pages: 13 (9927 words) Published: March 1, 2015
ILE-IFE FACULTY OF LAW SEMINAR TOPIC AN EXAMINATION OF THE MEANING AND BOUNDARIES OF DOCTORS DUTY OF CONFIDENTIALITY AND PRIVACY TO PATIENTS IN NIGERIA BY NAME OLASOJI ADESOLA PHOTIZO REG NO LP13/14/H/1916 COURSE PUL 609 MEDICAL JURISPRUDENCE DR. A.O YUSUFF ABSTRACT The paper aims to examine properly the concept of the doctor-patient relationship, duties of a doctor to a patient, what Confidentiality and Privacy mean in the context of a doctor-patient relationship and the attendant liability and exceptions. The papers objective is to show the concept of the duty of Confidentiality and Privacy is a legally accepted one which exists once there is a doctor-patient relationship created. The primary sources of information include judicial decision, foreign laws and conventions while the secondary sources include the opinions of textbooks and writers, the internet, journals and other research materials on the subject matter. The paper critically analyzed Doctors duty of confidentiality and privacy with a view to showcasing its essential elements and conversely, its limitations especially in Nigeria. The research pointed out that while it is a right owed to patients as enshrined in several Conventions and Laws, there are still exceptions and modifications to the absolute practice of those rights. Efforts have been directed to portray the meaning and the limits of the fundamental duties of confidentiality and privacy doctors owe to patients in Nigeria and show that breach is not necessarily occasioned by deliberate actions of doctors and does not in all cases signify liability. Consequently, the Medical Law in Nigeria has a long way to go. The Nigerian Medical Law needs to move beyond cultural shackles and embrace progress for doctors duties to truly work. BACKGROUND TO THE STUDY This paper examines the meaning and boundaries of the duty of confidentiality and privacy doctors owe to patients in Nigeria. Once a doctor-patient relationship is established, there are certain obligations and legal liability imperative upon the doctor. A relationship is not automatically created however it is a concurrence between a request for medical attention and an undertaking to treat. It is this relationship that Law guides. Law and ethics state that the doctor-patient interaction should remain confidential. The physician should never reveal confidential information unless the patient wants this information disclosed to others, or unless required to do so by law. If the release of information is warranted, information should be released only where and when necessitated by the law or in the interest of public safety and welfare. AIMS AND OBJECTIVES In the light of the above, the aim of this paper is to enlighten people on doctors duties to patients and also show that Privacy and Confidentiality is not absolute but is subject to certain exceptions because of legal, ethical, and social considerations. RESEARCH METHODOLOGY Primary sources for this research paper include judicial decisions, Foreign Law and Conventions while the secondary sources are opinions of textbooks, writers, the internet, journals and other research papers. SIGNIFICANCE OF THE STUDY Generally, the study is to acquire information for the proper enlightenment of Nigerians on the right a patient has to his privacy and the confidence of all information divulged to the doctor. It further educates on the modifications and qualifications of Privacy and Confidentiality. EXPECTED CONTRIBUTION TO KNOWLEDGE To ensure more people (Nigerians) understand their rights under Medical Law and to curtail the excesses of Doctors especially when it bothers on their liability for breach of their duties. Although the concept of confidentiality and privacy is enshrined in the Constitution and entrenched as an ethical obligation in Code of Medical Ethics in Nigeria, clinical practice is yet to meet Patients expectations. STRUCTURE OF STUDY This study is divided into three parts 1. Introduction 2. Body...


References: BOOKS Festus O. Emiri Medical Law and Ethics in Nigeria (Malthouse Press Limited 2012) p. 366 Francis Currey. Breach of Confidence JOURNAL Dr. J. Ademola Yakubu, The medical practitioner and his patient the duty and standard of care required. Essays in Honor of Professor D.A Ijalaye. Edited by Popoola and Felix Ogunmade and published by University Press (2002) INTERNET History of the English Law about confidentiality. en.m.wikipedia.org/wiki/Confidentiality Odunsi B. Should caregivers be compelled to disclose patients HIV infection to the patients sex partners without consent PubMed NCBI.htm Ogunfowora Olumide Taiwo, Medical rights of patients in Nigeria confidentiality, abortion, euthanasia Academia.edu_files Privacy and confidentiality, (2015, January 23) www.pre.ethics.gc.ca/eng/policy-politique/initiatives/tcps2-eptc2/chapter5-chapitre5/ Patient rights learn about hipaa and other rules. HYPERLINK http//www.emedicinehealth.com/patient_rights/article_em.htm. (2015 http//www.emedicinehealth.com/patient_rights/article_em.htm. (2015, January 23) HYPERLINK http//www.thelawyerschronicles.htm www.thelawyerschronicles.htm HYPERLINK http//www.surgeryencyclopaedia.com/Pa-St/Patient-Confidentialitytime,types,definition,purpose,results.htm www.surgeryencyclopaedia.com/Pa-St/Patient-Confidentialitytime,types,definition,purpose,results.htm CONVENTIONS/TREATIES/STATUTES 1999 Constitution of the Federal Republic of Nigeria Declaration of Geneva Declaration of Helsinki 1970 GMC Guideline Blue Book paragraph 91 Health HYPERLINK file///knowledgeInsurance.html o View insurance definition from Wikipedia Insurance Portability and Accountability Act of 1996) Health Professions Act (HPA) Health Professions Council of South Africa (HPCSA) Hippocratic Oath International Code of Medical Ethics (Declaration of Venice 1983) Medical and Dental Practitioners Act, LFN 2004 National Health Act 2014 Patients Bill of Rights Rules of Professional Conduct The Confidential Information Protection and Statistical Efficiency Act of 2002 (CIPSEA). The Hippocratic Oath The Health Information Portability and Accountability Act of 1996 (HIPAA). The Medicine Act 1991 The Oslo Declaration of 1970 The Personal Health Information Protection Act (PHIPA) 2004. The Patient Safety and Quality Improvement Act of 2005 (PQIA). The Sydney Declaration of 1968 The Tokyo Declaration of 1975 TABLE OF CASES Bernett v. Compass Group UK and Ireland Ltd 2002 EWCA Civ 642 British Steel Corporation V. Granada T.V 1981 A.C 1096 1980 3 W.L.R 774 Coco V. A.N Clark (Engineers) Ltd 1969 R.P.C. 41 Commonwealth V. John Fairfax and sons (1980) 147 CLR 39. Gartside v. Outram 1856 26 L.J. Ch. 113, 115 f., per Wood V. C Hedley Byrne Co. Ltd V. Heller Partners Ltd (1957) A. C 555 Hunter v. Mann 1974 QB 767, at 772. Initial Services Ltd v. Puterill 1986 1 Q.B. 396 1976 3 All E.R 145, C.A.. Lions laboratories v. Evans and others 1984 Lucasfilm Limited V. Ainsworth (2011) UKSC 39 Parry-Jones V. Law Society 1969 1 Ch 1 at 7 Re. C. (1993) 15 BMLR 77 Re Gillick (1986) AC 112, (1985) 3 All ER 402 (HL) Re. L (adult refusal of medical treatment) (1994) 1 All ER 819, R. V. Department of Health Ex parte Source Informatics Ltd 2000 1 All ER 786 Saltman Engineering Co. Ltd V. Campbell Engineering Co. Ltd 1948 65 R.P.C. 203 Tarasoff v. Regents of the University of California 17 Cal. 3d 425, 131 Cal. Reporter 14 (Supreme Court 1976). Telstra Corp Ltd V. First Netcom Pty Ltd (1997) 148 ALR 202 at 208 W v. Edgell (1990) 1 All ER 835 Weld-Bundell v. Stephens, 1968 1 Q.B. 405 (C.A.). X. V. Y 1988 2 All E.R. 648. Patient rights learn about hipaa and other rule. HYPERLINK http//www.emedicinehealth.com/patient_rights/article_em.htmhttp//www.emedicinehealth.com/patient_rights/article_em.htm. Accessed Friday 23, January 2015 Section 12 of the Medical and Dental Practitioners Act permits the provisional registration of a Medical practitioner or Dental surgeon. The purpose of this is to enable a fresh graduate from medical school to practice in such capacity during the period of houseman-ship. Upon completion, the person earlier given provisional registration will now be entitled to a certificate of experience. Dr. J. Ademola Yakubu, The medical practitioner and his patient the duty and standard of care required. Essays in Honor of Professor D.A Ijalaye. Edited by Popoola and Felix Ogunmade and published by University Press (2002) (1957) A. C 555 at pg 587 Lord Denning in Parry-Jones V. Law Society 1969 1 Ch 1 at 7 Patient rights learn about hipaa and other rules. HYPERLINK http//www.emedicinehealth.com/patient_rights/article_em.htm. (Accessed January 23 http//www.emedicinehealth.com/patient_rights/article_em.htm. (Accessed January 23, 2015) Mandyen Brenda Anzaki. Confidentiality and Privacy of Patients in Medical law. HYPERLINK http//www.thelawyerschronicles.htm www.thelawyerschronicles.htm (Accessed January 23, 2015) The classical version of the Hippocratic Oath is from the translation from the Greek by Ludwig Edelstein. From the Hippocratic Oath Text, Translation, and Interpretation, by Ludwig Edelstein. Baltimore John Hopkins Press, 1943. The modern version of the Hippocratic Oath was written in 1964 by Louis Lasagna, Dean of the School of Medicine at Tufts University. Privacy and confidentiality. Panel on Research Ethics, HYPERLINK http//www.pre.ethics.gc.ca/eng/policy-politique/initiatives/tcps2-eptc2/chapter5-chapitre5/ www.pre.ethics.gc.ca/eng/policy-politique/initiatives/tcps2-eptc2/chapter5-chapitre5/ (Accessed January 23, 2015) Patient Confidentiality. HYPERLINK http//www.surgeryencyclopaedia.com/Pa-St/Patient-Confidentiality-time,types,Definition,Purpose,Description,results.htm www.surgeryencyclopaedia.com/Pa-St/Patient-Confidentiality-time,types,Definition,Purpose,Description,results.htm (Accessed January 23, 2015) Ibid., Mandyen Brenda Anzaki. Confidentiality and Privacy of Patients in Medical law. HYPERLINK http//www.thelawyerschronicles.htm www.thelawyerschronicles.htm (accessed January 23, 2015) Ibid., Ogunfowora Olumide Taiwo, Medical rights of patients in Nigeria confidentiality, abortion, euthanasia Academia.edu_files Dr O.A Yusuff. Class notes Law and Medicine Confidentiality and Privacy Mandyen Brenda Anzaki. Confidentiality and Privacy of Patients in Medical law. HYPERLINK http//www.thelawyerschronicles.htm www.thelawyerschronicles.htm (Accessed January 23, 2015) 1990 1 ALL ER 835 1976 Hunter v. Mann 1974 QB 767, at 772. 2002 EWCA Civ 642 Mandyen Brenda Anzaki. Confidentiality and Privacy of Patients in Medical law. HYPERLINK http//www.thelawyerschronicles.htm www.thelawyerschronicles.htm (Accessed January 23, 2015) (1986) AC 112, (1985) 3 All ER 402 (HL) Festus O. Emiri Medical Law and Ethics in Nigeria (Malthouse Press Limited 2012) p. 366 Re. L (adult refusal of medical treatment) (1994) 1 All ER 819, (1993) 15 BMLR 77 Festus O. Emiri Medical Law and Ethics in Nigeria (Malthouse Press Limited 2012) p. 365 GMC Guideline Blue Book paragraph 91 National Health Act, 2014 Privacy and confidentiality.Panel on Research Ethics, www.pre.ethics.gc.ca/eng/policy-politique/initiatives/tcps2-eptc2/chapter5-chapitre5/ Privacy and confidentiality.Panel on Research Ethics, www.pre.ethics.gc.ca/eng/policy-politique/initiatives/tcps2-eptc2/chapter5-chapitre5/ (1984) 1981 A.C 1096 1980 3 W.L.R 774 1986 1 Q.B. 396 1976 3 All E.R 145, C.A... 1856 26 L.J. Ch. 113, 115 f., per Wood V. C. 1968 1 Q.B. 405 (C.A.). 17 Cal. 3d 425, 131 Cal. Reporter 14 (Supreme Court 1976). 1988 2 All E.R. 648. (1990) 1 All ER 835 Odunsi B. Should caregivers be compelled to disclose patients HIV infection to the patients sex partners without consent PubMed NCBI.htm 1969 R.P.C. 41 Lucasfilm Limited V. Ainsworth (2011) UKSC 39. 1948 65 R.P.C. 203 In this case, the Court of Appeal upheld the existence of an equitable doctrinr of confidence, independent of contract Dr O.A Yusuff. Class notes Law and Medicine Confidentiality and Privacy Telstra Corp Ltd V. First Netcom Pty Ltd (1997) 148 ALR 202 at 208 R. V. Department of Health Ex parte Source Informatics Ltd 2000 1 All ER 786 Commonwealth V. John Fairfax and sons (1980) 147 CLR 39. History of the English Law about confidentiality. en.m.wikipedia.org/wiki/Confidentiality Accessed February 8, 2015 Yusuff A.O.A, Regulation of Medical Practice in Nigeria. P 1 Yusuff A.O.A, Regulation of Medical Practice in Nigeria. P 8 PAGE MERGEFORMAT 37 Y, dXiJ(x(
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