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Question: ‘The challenging questions about medical confidentiality do not, however, lie in establishing a general duty of confidence, or expectation of privacy, but in determining what amounts to “very exceptional circumstances” justifying breach of that duty.’ (Brazier and Cave, Medicine Patients and the Law).

With reference to this statement critically discuss the extent to which exceptions to the duty to keep confidences raise challenges for the medical profession. 75%

Answer: It is without a doubt that there is no challenge in establishing a general duty of confidence especially in the area of medical law, confidentiality has its roots traced back to the Hippocratic Oath and it’s even reiterated in the Declaration of Geneva. There is even a recognition of a breach test formulated in the case of Coco v A N Clark (Engineers). Its status as one of the most important pillars in medical ethics still doesn’t exclude it from being justified by a breach, Raanan Gillon concurs my point perfectly by stating that intrusive medical inquiries based on prurience or mere inquisitiveness but on pursuit of information that is of potential assistance to the doctor treating. Siegler illustrates this by drawing a scenario of modern hospital administration where there are up ......(short extract)

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Details: - Mark: 75% | Course: Medical Law | Year: 1st | Words: 1836 | References: No | Date written: Not available | Date submitted: May 06, 2018 | Coursework ID: 1044

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