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A Crime vs Patient Confidentiality



 
 
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  #11  
Old September 16th 08, 03:30 PM posted to uk.legal.moderated
Cynic
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Posts: 20,348
Default A Crime vs Patient Confidentiality

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


  #12  
Old September 16th 08, 03:55 PM posted to uk.legal.moderated
Colonel Colt[_3_]
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Posts: 42
Default A Crime vs Patient Confidentiality

"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.



  #13  
Old September 16th 08, 04:55 PM posted to uk.legal.moderated
mert1639
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Posts: 966
Default A Crime vs Patient Confidentiality


"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.



  #14  
Old September 16th 08, 06:40 PM posted to uk.legal.moderated
tim.....
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Posts: 1,440
Default A Crime vs Patient Confidentiality


"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




  #15  
Old September 16th 08, 06:55 PM posted to uk.legal.moderated
mert1639
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Posts: 966
Default A Crime vs Patient Confidentiality


"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.



  #16  
Old September 16th 08, 07:35 PM posted to uk.legal.moderated
mert1639
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Posts: 966
Default A Crime vs Patient Confidentiality


"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.





  #17  
Old September 16th 08, 10:10 PM posted to uk.legal.moderated
Steve Walker
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Posts: 4,955
Default A Crime vs Patient Confidentiality

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....



  #18  
Old September 16th 08, 10:10 PM posted to uk.legal.moderated
Steve Walker
external usenet poster
 
Posts: 4,955
Default A Crime vs Patient Confidentiality

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.



  #19  
Old September 16th 08, 10:50 PM posted to uk.legal.moderated
Big Les Wade[_2_]
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Posts: 587
Default A Crime vs Patient Confidentiality

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

  #20  
Old September 16th 08, 10:55 PM posted to uk.legal.moderated
mert1639
external usenet poster
 
Posts: 966
Default A Crime vs Patient Confidentiality


"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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