The Limits of Confidentiality

Bok, Sissela

doi:10.2307/3561549

Cited by 31 publications

(24 citation statements)

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“…This duty rests on three premises: (1) individual autonomy, (2) shared respect for confidentiality, (3) benefits to both individuals and the society [9]. Ethical guidelines and recommendations issued by professional and governmental agencies in the medical field have emphasized the fundamental value of confidentiality in the patientdoctor relationship.…”

Section: Respect For Patient's Privacymentioning

confidence: 99%

“…8 The duty to warn has been interpreted as a duty to act to prevent foreseeable harm. 9 In regard to genetic diseases, the jurisdictions that have considered genetic cases (Florida [4], New Jersey [5] and Minnesota [6]) have recognized a legal duty of a physician to warn the relatives of his patients. 10 The courts balanced the patient's right to confidentiality and the benefits this brings against the right of the unaware.…”

Section: Promotion Of Patient's Beneficencementioning

confidence: 99%

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Guidelines for Disclosing Genetic Information to Family Members: From Development to Use

et al. 2006

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This paper presents the existing legal frameworks, professional guidelines and other documents related to the conditions and extent of the disclosure of genetic information by physicians to at-risk family members. Although the duty of a physician regarding disclosure of genetic information to a patient's relatives has only been addressed by few legal cases, courts have found such a duty under some circumstances. Generally, disclosure should not be permitted without the patient's consent. Yet, due to the nature of genetic information, exceptions are foreseen, where treatment and prevention are available. This duty to warn a patient's relative is also supported by some professional and policy organizations that have addressed the issue. Practice guidelines with a communication and intervention plan are emerging, providing physicians with tools that allow them to assist patients in their communication with relatives without jeopardizing their professional liability. Since guidelines aim to improve the appropriateness of medical practice and consequently to better serve the interests of patients, it is important to determine to what degree they document the 'best practice' standards. Such an analysis is an essential step to evaluate the different approaches permitting the disclosure of genetic information to family members.

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Section: Respect For Patient's Privacymentioning

confidence: 99%

Section: Promotion Of Patient's Beneficencementioning

confidence: 99%

Guidelines for Disclosing Genetic Information to Family Members: From Development to Use

et al. 2006

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“…Mas mesmo nesses casos-limite, em que a vida de outras pessoas poderia estar em jogo em relação à manutenção do segredo, um dos poucos consensos éticos alcançados foi o de que os profissionais de saúde teriam a obrigação de procurar formas alternativas de prevenir os danos, antes da opção pela quebra da confidencialidade 35,37,39 . E, nesses casos excepcionais de quebra de confidencialidade, o ônus argumentativo recairia sobre aquele que rompesse o acordo de confiança 40 . Ora, não apenas a informação sobre o traço falciforme não acarreta riscos de vida a outras pessoas, como não foram tentadas alternativas à quebra da privacidade e da confidencialidade antes do aconselhamento coletivo.…”

Section: Nova Genética Privacidade E Confidencialidadeunclassified

Confidencialidade, aconselhamento genético e saúde pública: um estudo de caso sobre o traço falciforme

Diniz

Guedes

2005

Cad. Saúde Pública

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Sickle cell anemia is the most prevalent genetic disease in Brazil. Screening for sickle cell trait in blood donation centers has been recommended by the Brazilian government since 1976. This screening mechanism is one of most common forms of genetic screening for sickle cell disease in the country. This article is based on an ethnographic survey of individuals undergoing genetic counseling in a large blood donation center. The article contends that confidentiality should be a prerequisite for the broad dissemination of genetic information in public health. The ethical principle of confidentiality needs to be seen as a human right and public health issue.

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“…Do patients understand the implications of an informed release of their medical record for financial reimbursement or future care (Kinzie, Holmes, & Arent, 1985)? Limitations to confidentiality may be imposed by mandated disclosures as well as conflicting rights and the practical aspects of functioning in today's healthcare environment (Bok, 1983).…”

Section: Confidentiality: Concept Analysis and Clinical Applicationmentioning

confidence: 99%

Confidentiality: Concept Analysis and Clinical Application

Ellenchild

2000

Nursing Forum

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The author examines confidentiality both from a theoretical perspective using concept analysis and through a clinically based, empirical investigation. A review of the literature determines defining attributes, antecedents, consequences, and empirical referents. The themes from definitions of confidentiality provided by participants in a research project on confidentiality issues in the context of HIV/AIDS also are described. The author compares the results from the two approaches and discusses implications for clinical practice, including but not limited to people with HIV/AIDS.

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The Limits of Confidentiality

Abstract: Case conference Limits of confidentialityl A patient is described, a woman of 6o, who at that age was diagnosed as having Huntington's chorea, a genetic disease which is transmitted as an autosomal dominant2. She had one daughter, who was married

Cited by 31 publications

References 0 publications

Guidelines for Disclosing Genetic Information to Family Members: From Development to Use

Guidelines for Disclosing Genetic Information to Family Members: From Development to Use

Confidencialidade, aconselhamento genético e saúde pública: um estudo de caso sobre o traço falciforme

Confidentiality: Concept Analysis and Clinical Application

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