Communication
Breach of Confidence
Doctors are permitted to disclose confidential information regarding a patient when:
- Giving testimony in a court of law
- When a patient has given implicit or explicit consent
- Where there is a statutory duty
- Where there is an over-riding public interest
In any other situations, disclosure of this information is a breach of the doctor's ethical duty.
For the doctor this may result in:
- Professional disciplinary hearings
- Prosecution under provincial legislation
- Patient may sue the doctor in a civil action. Possible causes for action would include:
- negligence
- breach of contract
- breach of fiduciary duty
There are very few reported cases in Canada involving breach of confidentiality by HCPs.
Mammone v. Bakan (1989) BCT No. 2438.
A doctor was served with a court order to produce a patient's medical records for a time period on or after 31st March 1982. The doctor disclosed medical records in his possession for medical treatment that took place before that date. This was an error and was not deliberate. Because of this unauthorized disclosure, the patient sued the doctor for breach of contract.
The court decided that the duty to maintain confidentiality was an implied term of the contract between the patient and physician, and the physician was found liable for damages.
