QuestionSBA
QuestionChoice
Drivers have a legal duty to inform the Driver and Vehicle Licensing Agency (DVLA) if they have a condition that impairs their ability to drive. A doctor should inform the patient of this duty and make every reasonable effort to make sure they do this. However, if a patient continues not to disclose the information, doctors have a **_professional duty_** to break confidentiality in the public's best interests
32399
b
Conditions that impair the ability to drive
QuestionChoice
In these cases, the doctor should first try and convince the patient to make the disclosure themselves. If this is not possible, a doctor should disclose the necessary information only and try and avoid identifying the patient where possible. This would be considered a case where a doctor may have a **legal defence** for breaching confidentiality in the public's best interests
32402
e
Disclosing personal information to a sexual partner
QuestionChoice
Identification of patients who are suspected of committing a road traffic offence is one of the specific statutory requirements where doctors have a legal duty to break confidentiality
32398
a
Identification of a patient who committed a road traffic offence
QuestionChoice
General Medical Council (GMC) guidance in 2017 has highlighted that there is no duty to inform the police in the case of serious crime. However, a doctor may still break confidentiality if they believe that it is in the public's best interests. In these cases, there may be a **legal defence** for breaching confidentiality
32401
d
Gunshot/knife wounds
QuestionChoice
If the harm is only to the patient, a doctor should accept a competent adult's refusal to disclose information. However, if there are any children involved, a referral to social services is mandated
32400
c
Domestic violence involving a young couple
QuestionComment
The world is f***ed. a road traffic offense > terrible shit
8617
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Yellow Zebras
QuestionComment
quesnitch
17411
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Monoclonal Loose
QuestionComment
surely this is wrong?
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Gallbladder Tachycardia
QuestionComment
say mums 
23255
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Viral Vitamin
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Do docs have to report you sell crack?
31515
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Monoclonal Supine
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_
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578
Situations in which the law obliges doctors to breach confidentiality
Topic
30
Ethics and Law
6480
Doctors have a legal duty to breach confidentiality when a patient is suspected of committing a road traffic offence.
A junior medical student has learnt that all patients have a legal right to confidentiality. However, he is unsure of the circumstances in which confidentiality can be breached.

In which of the following situations does a doctor have a legal duty to breach confidentiality?
a