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Question: In Hunter v Mann (1974) Boreham J said that a doctor is under a duty not to disclose voluntarily information which he, the doctor, has gained in his professional capacity, save in very exceptional circumstances. However, in practice, it seems that the circumstances in which information about a patient may be disclosed to others is very far from exceptional.’

Critically discuss this statement, with reference both to relevant cases and legislation. 75%

Answer: The duty of confidentiality cannot be an absolute obligation, Siegler argues that preserving it may constrict good administration in hospitals, there must be a degree of flexibility as to all. Scholars like Jessica berg argue that the current law is adequate whilst Sanland and Post contend that the law surrenders too freely to its competing considerations. The case stipulated above is regarding the liability of a doctor who failed to disclose information linking the patient to a hit and run accident and was convicted and fined under s168(2) of the Act, it seems as if a physician’s biggest fear in modern context is being sued for a breach of a duty that he owes for the safety of the world at large or to deliver justice, which may not only be a deterrent for people to come fo......(short extract)

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Details: - Mark: 75% | Course: Medical Law | Year: 1st | Words: 1448 | References: No | Date written: Not available | Date submitted: May 06, 2018 | Coursework ID: 1045

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