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Old 07-11-2011
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Medicolegal and Ethics Patient Confedentiality Breach....

when you have to breach a patients confedentiality based on a judicial subpeona for a homocide related case. Should you still Inform the patient since its mandatory to inform all patient in case of any breach?....

Anyone with a valid answer based on time line on informing the patient....your answers are greatly appreciated..
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Old 07-11-2011
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kaplan says that when you get a judicial subpoena, you attend court but there, you say that you cannot divulge the information without the patient's permission. That means that you cannot even divulge whether he/she is your pt. or not without their express consent, so i'd say do nothing without the patient's permission, even though he is a suspect.
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Old 07-11-2011
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Originally Posted by cool_atomic View Post
kaplan says that when you get a judicial subpoena, you attend court but there, you say that you cannot divulge the information without the patient's permission. That means that you cannot even divulge whether he/she is your pt. or not without their express consent, so i'd say do nothing without the patient's permission, even though he is a suspect.
ya but you are allowed to breach in cases of a court ordered subpoena....and MTB says it must be disclosed to the patient even in a criminal investigation..I wonder if thats a conflict with the law since it would seem like a warning for the patient to run away or do something worse.....
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Old 07-11-2011
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ya but you are allowed to breach in cases of a court ordered subpoena....and MTB says it must be disclosed to the patient even in a criminal investigation..I wonder if thats a conflict with the law since it would seem like a warning for the patient to run away or do something worse.....
yes, everything must be disclosed to the patient eventually but what the patient's gonna do after we testify is not our concern, right?
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Old 07-11-2011
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But what about a patient who want to kill someone, should we still obtain consent?!!!? I do not think so! Sometimes breaching confidentiality is less important than protection of others' lives. Otherwise he will kill us both.If any body has evidence based info, please share me. I could found nothing regarding this.
About Court subpoena we should only bring the medical records which were requested to the court. Disclosure of them is based on either patient consent, or judge order to disclose specific information.
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Old 07-12-2011
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Originally Posted by amirh899 View Post
But what about a patient who want to kill someone, should we still obtain consent?!!!? I do not think so! Sometimes breaching confidentiality is less important than protection of others' lives. Otherwise he will kill us both.If any body has evidence based info, please share me. I could found nothing regarding this.
About Court subpoena we should only bring the medical records which were requested to the court. Disclosure of them is based on either patient consent, or judge order to disclose specific information.
if a court call you for a hearing, the patient is already in their custody and they want you to testify something and answer some questions for the court (like, identify this person, whether he visited you and maybe even medical stuff, thats why you bring the patient records, etc..) but no matter what, you cannot reveal this information without the patient's consent.
It is different when in an outpatient setting, the patient tells you he's going to kill someone, then you hold him back and inform the police and potential victim.
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Old 07-12-2011
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if a court call you for a hearing, the patient is already in their custody and they want you to testify something and answer some questions for the court (like, identify this person, whether he visited you and maybe even medical stuff, thats why you bring the patient records, etc..) but no matter what, you cannot reveal this information without the patient's consent.
It is different when in an outpatient setting, the patient tells you he's going to kill someone, then you hold him back and inform the police and potential victim.
I agree with that statement...Apparently even if your in a court infront of a judge you as a doctor are not allowed to disclose anything at all....its still shady whether you are allowed to "tip off or diclose" to a patient that authorities requested his info....If there is wrong doing that would be like tipping of a criminal to run ....
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