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| uk.legal.moderated (Legal Topics Relevant To UK Law - Moderated) (uk.legal.moderated) To enable contributors who have genuine legal problems to ask for practical advice from other people (lawyers or laymen) who have had to deal with similar problems in the past. Advertising is forbidden. |
| Tags: confidentiality, crime, patient |
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#11
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On Tue, 16 Sep 2008 09:25:05 +0100, BobC wrote:
What I was really getting at was, should he have reported to the police the fact that someone was going around with a false/someone else's driving licence? It is not an offence of itself to carry someone else's driving licence, or even to claim that it is yours. You would need to use it to gain an advantage that you are not entitled to. If someone had presented that to me, I would have, but I'm not in the medical profession. What crime do you believe the person would have been committing? -- Cynic |
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#12
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"Cynic" wrote in message
... On Tue, 16 Sep 2008 09:25:05 +0100, BobC wrote: What I was really getting at was, should he have reported to the police the fact that someone was going around with a false/someone else's driving licence? It is not an offence of itself to carry someone else's driving licence, or even to claim that it is yours. You would need to use it to gain an advantage that you are not entitled to. If someone had presented that to me, I would have, but I'm not in the medical profession. What crime do you believe the person would have been committing? It used not to be an offence but I think it may now be one, thanks to the 2006 ID Cards Act. |
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#13
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"BobC" wrote in message ... On 15 Sep, 09:15, BobC wrote: What I was really getting at was, should he have reported to the police the fact that someone was going around with a false/someone else's driving licence? If someone had presented that to me, I would have, but I'm not in the medical profession. As part of my work I do get presented with driving licences and have a duty of confidentiality, but if someone tried to fool me by presenting a clearly wrong one, the confidentiality would got out the window and I'd report it! No. The only time they have disclose information to the police is for gunshot injuries, terrorism and, I think, child abuse. |
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#14
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"Cynic" wrote in message ... On Tue, 16 Sep 2008 09:25:05 +0100, BobC wrote: What I was really getting at was, should he have reported to the police the fact that someone was going around with a false/someone else's driving licence? It is not an offence of itself to carry someone else's driving licence, or even to claim that it is yours. You would need to use it to gain an advantage that you are not entitled to. If someone had presented that to me, I would have, but I'm not in the medical profession. What crime do you believe the person would have been committing? I think the implication is that they are attempting to pass themself off as someone else in order to obtain medical treatment that they otherwise wouldn't be entitled to. I can't see any valid reason why someone should present a third party's documents to a doctor and claim "this is me", even if legal, it's medically a bloody stupid thing to do. tim |
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#15
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"Anthony R. Gold" wrote in message ... On Tue, 16 Sep 2008 16:55:05 +0100, "mert1639" wrote: "BobC" wrote in message ... On 15 Sep, 09:15, BobC wrote: What I was really getting at was, should he have reported to the police the fact that someone was going around with a false/someone else's driving licence? If someone had presented that to me, I would have, but I'm not in the medical profession. As part of my work I do get presented with driving licences and have a duty of confidentiality, but if someone tried to fool me by presenting a clearly wrong one, the confidentiality would got out the window and I'd report it! No. The only time they have disclose information to the police is for gunshot injuries, terrorism and, I think, child abuse. Of those I believe that is true as a matter of law only for terrorism, and even there the duty is no greater than for someone who is not a medical professional. However the General Medical Council imposes some further reporting obligations on doctors who are registered with them. You may well be right. I thought that they were obliged to report gunshot wounds by law. |
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#16
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"Anthony R. Gold" wrote in message ... On Tue, 16 Sep 2008 16:55:05 +0100, "mert1639" wrote: "BobC" wrote in message ... On 15 Sep, 09:15, BobC wrote: What I was really getting at was, should he have reported to the police the fact that someone was going around with a false/someone else's driving licence? If someone had presented that to me, I would have, but I'm not in the medical profession. As part of my work I do get presented with driving licences and have a duty of confidentiality, but if someone tried to fool me by presenting a clearly wrong one, the confidentiality would got out the window and I'd report it! No. The only time they have disclose information to the police is for gunshot injuries, terrorism and, I think, child abuse. Of those I believe that is true as a matter of law only for terrorism, and even there the duty is no greater than for someone who is not a medical professional. However the General Medical Council imposes some further reporting obligations on doctors who are registered with them. You are 100% correct. Police and Criminal Evidence Act 1984 The police can access medical records for the purpose of a criminal investigation by making an application to a circuit judge. Public Health (Control of Disease) Act 1984 and Public Health (Infectious Diseases) Regulations 1988 A doctor must notify the relevant local authority officer (usually a public health consultant) if he suspects a patient of having a notifiable disease. AIDS and HIV are not notifiable diseases. Abortion Regulations 1991 A doctor carrying out a termination of pregnancy must notify the relevant Chief Medical Officer including giving the name and address of the woman concerned. Births and Deaths Registration Act 1953 The doctor or midwife normally has a duty to inform the district medical officer of a birth within six hours. Stillbirths (a baby born dead after 24th week of pregnancy) must be registered. Doctors attending patients during their last illness must sign a death certificate, giving cause of death. Road Traffic Act 1988 All citizens, including doctors, must provide the police, on request, with information (name, address), which might identify a driver alleged to have committed a traffic offence. This would not normally justify providing clinical information without the patient's consent, or a court order. A doctor may have a legal obligation to inform the DVLA if he has concerns that a patient has a medical disability that could affect his driving. DVLA Human Fertilisation and Embryology Act 1990 The Human Fertilisation and Embryology Authority maintains a register of individuals receiving fertility treatment. NHS (Venereal Diseases) Regulations 1974 Allows limited disclosure of information for contact-tracing in the case of sexually transmitted diseases. Such disclosure can only be made to a doctor, or to someone working on a doctor's instruction in connection with treatment or prevention. It forbids those working in a genito-urinary clinic to inform an insurance company of a patient's sexually transmitted disease - even with the patient's consent. GP's are not routinely informed of the patient's attendance at such clinics, although the patient may request that the GP be informed. Children Act 1989 Regulates many aspects of childcare including professionals' duties when there is suspicion of child abuse. Human Organ Transplants Act 1989 Doctors who either remove certain organs (kidney, heart, lung, pancreas, liver) for transplant, or who implant such donated organs must report the names and hospital numbers of donor and recipient to the UK Transplant Support Service Authority and the relevant health authority. Prevention of Terrorism (Temporary Provisions) Act 2000 All citizens, including doctors, must inform police, as soon as possible, of any information that may help to prevent an act of terrorism, or help in apprehending or prosecuting a terrorist. |
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#17
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tim..... wrote:
"Cynic" wrote in message ... On Tue, 16 Sep 2008 09:25:05 +0100, BobC wrote: What I was really getting at was, should he have reported to the police the fact that someone was going around with a false/someone else's driving licence? It is not an offence of itself to carry someone else's driving licence, or even to claim that it is yours. You would need to use it to gain an advantage that you are not entitled to. If someone had presented that to me, I would have, but I'm not in the medical profession. What crime do you believe the person would have been committing? I think the implication is that they are attempting to pass themself off as someone else in order to obtain medical treatment that they otherwise wouldn't be entitled to. I can't see any valid reason why someone should present a third party's documents to a doctor and claim "this is me", even if legal, it's medically a bloody stupid thing to do. Ah yes, Mr XYZ. I remember now, you were listed for that extremely painful rectal exam at your next visit.... |
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#18
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mert1639 wrote:
You are 100% correct. Police and Criminal Evidence Act 1984 The police can access medical records for the purpose of a criminal investigation by making an application to a circuit judge. Proposed changes to PACE will remove the need for a judicial authority soon, I understand. |
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#19
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Steve Walker posted
mert1639 wrote: You are 100% correct. Police and Criminal Evidence Act 1984 The police can access medical records for the purpose of a criminal investigation by making an application to a circuit judge. Proposed changes to PACE will remove the need for a judicial authority soon, I understand. Where did you get this, Steve? -- Les |
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#20
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"tim....." wrote in message ... "Cynic" wrote in message ... On Tue, 16 Sep 2008 09:25:05 +0100, BobC wrote: What I was really getting at was, should he have reported to the police the fact that someone was going around with a false/someone else's driving licence? It is not an offence of itself to carry someone else's driving licence, or even to claim that it is yours. You would need to use it to gain an advantage that you are not entitled to. If someone had presented that to me, I would have, but I'm not in the medical profession. What crime do you believe the person would have been committing? I think the implication is that they are attempting to pass themself off as someone else in order to obtain medical treatment that they otherwise wouldn't be entitled to. I don't know why. I've never been asked to provide ID to register with a GP. Perhaps he was doing it to make things easier with his details? Like I said, many GPs will treat somone at no cost if for some reason they aren't entitled to NHS services. |
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