Medical Chronicle May 2017 | Page 18

NEWS CONFIDENTIALITY IN YOUR MEDICAL PRACTICE Confidentiality in the medical field is not only an ethical issue, it is a legal obligation and is fundamental to the trust between healthcare practitioners and patients. Healthcare practitioners are held responsible by their professional bodies for protecting personal information that patients share with them but the obligation to protect a patient’s confidential information goes beyond simply undertaking not to divulge sensitive information to other parties. Procedures should be implemented to ensure the safety of all confidential information to which healthcare practitioners and staff are exposed. The National Health Act 61 of 2003 explains “personal information” as any information about a person that a healthcare practitioner learns in a professional capacity and from which that individual can be identified. This information is usually obtained after a consultation and/or examination or the application of health management. Patients have the right to expect that this information will be held in confidence by all healthcare practitioners and providers. It is important to note that a health worker or any healthcare provider that has access to the health records of a patient may disclose personal information to another person, healthcare provider or health establishment if the disclosure is necessary within the ordinary course and scope of the healthcare practitioner’s duties or where such access or disclosure is in the interests of the patient. South African law provides for the protection of confidential information with the following: • There is a common-law duty on healthcare practitioners to preserve professional confidence. Common-law is a branch of law developed by judges and courts from cases that have a precedential effect on future cases. • The South African Constitution guarantees the right to privacy which includes the right not to have the privacy of communications infringed. • The Medical Protection Council’s Ethical Guide states that healthcare practitioners may only divulge confidential information without a patient’s consent in specific circumstances. • The National Health Act makes it an offence to divulge information about a patient, without a patient’s consent. The only exceptions are when the law or a court order requires disclosure, or if non-disclosure would represent a serious threat to public health. • The HPCSA states that patients have a right to expect that information about them will be held in confidence by healthcare practitioners. Without assurances about confidentiality, patients may be reluctant to give practitioners the information needed to provide good care. Many disclosures of confidential information in medical practices are unintentional. If a healthcare practitioner is asked to provide confidential information about a patient, it is important to: 1. Firstly, if possible, try to obtain the Roxanne van Rugge FDM Legal, professional trainer and legal advisor patient’s consent to disclose the information. This is necessary even if the patient isn’t likely to be identified from the disclosure. Patients must also be made aware of the potential breach of confidentiality with ICD10 coding. 2. Secondly, where unidentifiable data will serve the same purpose, data should be anonymised. 3. Disclosures should be kept to a minimum. In order to promote ethical conduct within the medical field, the making and keeping of records is important but protecting patient confidentiality is also essential with the increase in litigation against healthcare practitioners. Confi dence Through Clinical and Real World Experience 1-2 #1 NOAC prescribed by Physicians, Pulmonologists, Surgeons & GPs* *Impact RX