Law 3101A/B Lecture Notes - Lecture 11: Absolute Immunity, Sex Offender, Migraine
11 Dec 2016
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Chapter xi: disclosure of confidential info and related issues. Implicit common law right to disclose confidential patient information without consent in: compassionate situations; and in undertaking an internal audit, quality assurance measures and other routine management tasks. Implicit common law right to disclose confidential information arises when a person applies for a benefit, exemption, placement, referral, or reference. However, it may be prudent to get explicit consent in these circumstances (e. g. info is highly sensitive sexual, emotional or legally sensitive, plaintiff is challenging/hard to serve) An implicit common law right to disclose confidential info will be negated by an express refusal. I. e. implied consent is always trumped by expressed refusal: however, a healthcare professional does not need to comply with every request of a patient if it renders the treatment dangerous/futile. (b) explicit consent. The common law, equitable, professional, and statutory confidentiality principles always recognizes the right to disclose patient information with the patie(cid:374)t"s explicit consent.
