Content area
Full Text
Marc Cornock discusses those instances where it is permissible to disclose patient information or when it is in the child's best interests to do so
Summary
In children's nursing confidentiality is a principle that combines legal obligations and ethical standards. This article outlines how this principle applies to nurses in the course of their professional duties with children, young people and their parents and carers. There is also a discussion about 'Gillick competence' and exceptions where a nurse is obligated to breach confidentiality, such as in cases of suspected child abuse.
Keywords
Code of conduct, ethics, law, patient confidentiality
as a legal concept, confidentiality can be said to be an obligation on one person to uphold the privacy and security of another person's information. This legal obligation arises in several areas: under common law; in contract law where these terms can be express terms or implied; and as a general legal duty where it could be considered negligent if harm results as a consequence of a breach of confidence.
As a principle in health care, confidentiality is based on the general duty of confidence and, as such, it is accepted legally that a practitioner owes a patient a duty of confidence.
Confidentiality for the health professional also arises ethically due to its inclusion as a concept in professional codes of conduct and standards, for example the Nursing and Midwifery (NMC) code of conduct (NMC 2008). The ethical principles of confidentiality in codes of conduct expand the legal basis of confidentiality and place additional obligations on the health professional.
The legal and ethical rationalisation for confidentiality is that the healthcare professional will protect the information that is divulged to them by patients - or to which they have access as a result of their position - and will not pass this information on without the patient's permission or without reasonable justification. The reasoning behind this is that with this assurance patients will be willing to provide information about their situation that can aid accurate diagnosis and treatment. For example, a 'Gillick competent' (see later) 15-year-old patient would be able to seek advice about his or her sexual relationships because the information would be held in confidence.
Principles of confidentiality
There are various cases that have...