Journal of Medical Ethics · 1986 · 84 citations · 11 references
LawHealth LawClinical MedicineMedical EthicsPatient RightsConfidential RelationshipsConfidentiality AgreementsDuty To DiscloseHealth Information EthicsPatient ConfidentialityProtected Health InformationConfidentialityConfidentiality LawConfidentiality RisksCustody AgreementsEthical Duties Of ConfidentialityEthical Duties Of DisclosureMedical ConfidentialityProfessional Ethics Of Confidentiality
Clinicians' work depends on sincere and complete disclosures from their patients; they honour this candidness by confidentially safeguarding the information received. Breaching confidentiality causes harms that are not commensurable with the possible benefits gained. Limitations or exceptions put on confidentiality would destroy it, for the confider would become suspicious and un-co-operative, the confidant would become untrustworthy and the whole climate of the clinical encounter would suffer irreversible erosion. Excusing breaches of confidence on grounds of superior moral values introduces arbitrariness and ethical unreliability into the medical context. Physicians who breach the agreement of confidentiality are being unfair, thus opening the way for, and becoming vulnerable to, the morally obtuse conduct of others. Confidentiality should not be seen as the cosy but dispensable atmosphere of clinical settings; rather, it constitutes a guarantee of fairness in medical actions. Possible perils that might accrue to society are no greater than those accepted when granting inviolable custody of information to priests, lawyers and bankers. To jeopardize the integrity of confidential medical relationships is too high a price to pay for the hypothetical benefits this might bring to the prevailing social order.
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Principles of Biomedical Ethics
Harming Someone after His Death
Barbara Baum Levenbook · Ethics · 1984 · 178 citations
Law, Criminal Law, Tort Law +10
Choice Reviews Online · 1997 · 131 citations
John Harris, Charles M. Culver, Bernard Gert · The Philosophical Quarterly · 1983 · 103 citations
Case Studies in Medical Ethics
Stanley Bernstein, Robert M. Veatch · The Antioch Review · 1977 · 82 citations