QuestionSBA
QuestionChoice
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. As the patient has capacity, you must gain their consent before discussing their case with the patient's relative.
62173
a
Ask the patient if they allow you to discuss her case with her daughter
QuestionChoice
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. As the patient has capacity, you must gain **their** **consent** before discussing their case with the patient's relative. The consultant may offer valuable guidance, but it is the patient's decision to give permission or not.
62176
d
Ask the consultant if you can discuss the patient's case with her daughter
QuestionChoice
Patient's have a legal right to confidentiality. However, you may take steps to obtain consent (asking the patient!). Family discussions may often be helpful in providing best care to your patients.
62175
c
Refuse to disclose details with the daughter over the phone
QuestionChoice
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. As the patient has capacity, you must gain their consent before discussing their case with the patient's relative.
62174
b
Discuss the details with the daughter as her Mother will need more care at home
QuestionChoice
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. As the patient has capacity, you must gain their **consent** before discussing their case with the patient's relative, not just to inform them. This patient has capacity and can therefore refuse this.
62177
e
Inform the patient that you will update her daughter
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
12496
A 76-year-old patient is on the geriatrics ward following a fall at home. They have a 75 pack year smoking history and a recent diagnosis of lung cancer. Investigations identify multiple bony metastases. The patient is not for active management and is being reviewed by the palliative care team.

She is not confused and clearly has capacity to make decisions about her care. She is aware of her condition and poor prognosis. She currently lives alone, but will require support at home on discharge. She tells you she has one daughter who lives abroad, who does not know about her diagnosis.

Her daughter calls the ward and asks to know all of the details of her Mother's condition.

Which of the following is the next best step?
a