Medical Confidentiality and Legal Privilege

This book examines the ethical obligations binding a doctor to her patient's confidences and asks "Should those ethical obligations be recognized in the courtroom?". Increasingly, English law has shown a responsiveness to the need to accord respect to patient confidentiality. In practice this has involved the prohibition of unauthorized disclosure of medical records in national newspapers and the provision of special protection for data stored on computer. In one area, however, the law has been unwilling to protect patient confidences - the courtroom. A patient cannot stop her doctor from testifying even though the doctor has promised not to divulge medical information under any circumstances. Jean V. McHale examines cases to see whether the denial in law of the doctor-patient privilege is consistent with the protection of other confidential relationships. She discusses the nature of medical information and confidentiality and she considers the practical issues and questions which are raised by confidentiality. This book challenges orthodox ideas of medical confidentiality and questions the overriding right of the law.

`[McHale's] considered opinion is an excellent starting point to finding some way of preserrving the vestiges of medical confidentiality.' - - Natalie-Jane McDonald, British Medical Journal`This is an impressive book and a fine example of the way in which ethics and law combine in discussions of issues in mesical ethics. I certainly recommend it to anyone working in the firlds of health care ethics or medical law.' - Heather Draper, Journal of Applied Ethics`This interesting and well written book ... should be a useful addition to the library of those who are interested in confidentiality and the dilemmas it creates.' - A. McCall Smith, Journal of Medical Ethics

Jean V. McHale is Lecturer in Law at the University of Nottingham.