QuestionSBA
QuestionChoice
This would be breaking patient confidentiality. The clinician should inform the DVLA but should not speak to a next of kin against the patient's wishes
31901
d
Ring his next kin and insist they inform the DVLA on his behalf
QuestionChoice
If the clinician has concerns that the patient has not informed the DVLA that they shouldn't be driving, then they should inform the DVLA as soon as reasonably possible. By delaying this for a week, they would be putting the wider public at risk
31902
e
Arrange a follow-up appointment for one week and ensure then that he has informed the DVLA
QuestionChoice
This is one of the few circumstances in which a doctor can break patient confidentiality. In this circumstance, the wider risk to the public is deemed more important than the patient's right to confidentiality and, if the patient refuses to inform the DVLA themselves, the clinician is obliged to notify the DVLA
31899
b
Only inform the DVLA if the patient gives you his permission
QuestionChoice
There is no legal requirement to inform the police if patients are driving against advice
31900
c
Report this to the police
QuestionChoice
This is correct. This is one of the few circumstances where the clinician is obliged to break confidentiality and inform the DVLA if the patient refuses to, as the risk to the general public is more important than the patient's right to confidentiality. It is best practice to inform the patient that you will notify the DVLA before you do so
31898
a
Inform the patient that you will have to inform the DVLA if he does not
Concept
Chapter
# Overview

Patients have a legal right to confidentiality (under both Common Law and Human Rights Law), and doctors have the corresponding legal duty to provide this right to confidentiality.

However, this right to confidentiality is not absolute. There are a number of situations in which the law obliges doctors to breach confidentiality, i.e. there is a legal duty to breach confidentiality. There are also some situations where a doctor has a legal defence to breach confidentiality.

# Legal Duties to Breach Confidentiality

1. If ordered to by a court or judge
2. To satisfy statutory requirements

   _e.g. to inform the local authority about notifiable diseases under the Public Health Act 1984_

   _e.g. under the Road Traffic Act, must provide identifying information to the police on request_

   _e.g. under the Terrorism Act 2000, must report any suspicions of terrorism_
564
578
Situations in which the law obliges doctors to breach confidentiality
Topic
30
Ethics and Law
6380
Clinicians must prioritise public safety over patient confidentiality when a patient's medical condition poses a risk, such as driving after a seizure.
A 45-year-old male attends his GP. He is currently being investigated for a seizure that he had five days ago. He works as a lorry driver. He has been informed that he should notify the DVLA and stop driving. However, at his GP practice, he discloses that he has continued to drive and refuses to inform the DVLA.

Which of the following is the next best step?
a