Friday, September 27, 2019
The public's interest should be taken more into account when the Essay
The public's interest should be taken more into account when the decision is made to disclose a person's health details. Discuss with reference to public health law and confidentiality - Essay Example The Human Rights Acts validates the responsibility of medical personnel to avoid disclosure of confidential medical information. However, Article 8 provides exceptions to confidentiality rights when public interest is involved (Garside & Branthwaite, 2006). The Access to Medical Records Act of 1988 also gives the right to patients to review medical information contained in their records which may be submitted to their potential employers. Along with other relevant health-related legislation, these provisions take note of the publicââ¬â¢s interest in considering possible breach of confidentiality agreements. In child abuse cases, public disclosure of health records is important. Many family members prefer to keep information about the childââ¬â¢s health and condition within the family. ââ¬Å"The most difficult dilemma of all often arises in cases of possible child abuse or other criminal activity where individuals refuse to allow disclosure of information, despite the fact that silence puts other people at risk of harmâ⬠(Wilks, 1999). The potential for violence that might befall the child is often not prevented when social workers and other health care givers, who are privy to vital health information, have their hands tied by the confidentiality agreement. Public interest is important where ââ¬Å"disclosure to the relevant authorities of suspected abuse or neglect of a patient who does not have the capacity to consent, such as a young child or someone with mental disability is considered to be in the patientââ¬â¢s best interestâ⬠(Tranberg & Rashbass, 2004). In cases where the patient has the capacity to consent, his wishes must be respected, except where the abuser may also potentially harm the minor children of the patient. For the greater interest of the minor children and other people who may also be harmed, medical records should be disclosed to authorities. ââ¬Å"The rights of family members to
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