Patients wish to be seen as an individual within the healthcare system. It is expected that members of staff will comply with the law and guidance/codes of conduct laid down by their respective regulatory and professional bodies. This means informing the patient properly, respecting the patient, and obtaining consent if disclosure of information is contemplated. Both UK GDPR and the common law must be satisfied and these cover two definitions of consent in law. Patient Confidentiality Protects the Patient and Others I'm an IG Professional - what do I need to know? Competent Novice: Confidentiality - PMC - National Center for 8600 Rockville Pike 1.3.13 If necessary, provide patients with information about complaints procedures and help them to access these. 1.2.10 Give patients using adult NHS services the support they need to maintain their independence as far as possible. LitCovid [Internet], CARE 2013 explanations and elaborations: reporting guidelines for case reports, International Committee of Medical Journal Editors Recommendations, BMJ Case Reports - Instructions for Authors [Internet], Oxford Medical Case Reports - Instructions for Authors [Internet], Myocardial bridging in the era of a drug epidemic: a case report addressing the need to revisit donor organ assessment, Johns Hopkins - Institutional Review Board [Internet]. 1.1.6 Take into account the requirements of the Equality Act 2010 and make sure services are equally accessible to, and supportive of, all people using adult NHS services. Only those who need access to confidential information should have access to it, and then only to the items that they need to see. Advertisement intended for healthcare professionals, Department of Cardiology, Royal Free London NHS Foundation Trust, William Harvey Research Institute, Queen Mary, University of London. All general practices need to register under this Act, as the data which practices handle fall within the definition of this Act. These steps will vary depending on the use: as a minimum, this should include providing accessible, relevant and appropriate information - in some cases, greater engagement will be required. Consent and confidential patient information - NHS Transformation 1.5.7 Use open-ended questions to encourage discussion. Confidentiality Policy. The Common Law Duty of confidentiality. If it is not practicable to either work with anonymous data or to obtain explicit patient consent, then support under the Health Service (Control of Patient Information) Regulations 2002 is required. 1.4.4 All healthcare professionals directly involved in a patient's care should introduce themselves to the patient. Confidentiality: a core feature of general practice - PMC , Barber MS
The Data Protection Act 1998 is also relevant in this context. government site. If you need to refer to consent in relation to individual care, you should refer to implied consent and provide advice to patients on what they should do if they wish to object to information sharing. Do not make blanket statements such as your consent will always be sought - there are exceptions, for example where the law requires it or where there is an overriding public interest. Research governance and students: what are NHS trusts looking for? Next. Confidentiality of medical information is accepted not just across Europe, but around the free world. How confidential patient information is used - NHS In summary, patient information and confidentiality issues will probably gain increasing importance in the following years within the NHS. The https:// ensures that you are connecting to the Implied consent: if your confidential patient information is accessed and used for your individual care then your consent is implied, without you having to explicitly say so. 2005 Mar-Apr;24(2):139-42. doi: 10.1097/00006416-200503000-00011. Confidential patient information Confidential patient information is information that both identifies the patient, and includes some information about their medical condition or treatment. 1 Miscommunication is one of the leading causes for adverse events resulting in death or serious injury to patients. If confidential patient information is essential, then explicit consent is normally required for purposes beyond individual care. PMC In the medical press in July 2010, Professors Pattison and Marshall ask Is Confidentiality a Con?1 and repeatedly state that confidentiality of medical information is now a delusion'. 1.3.4 Hold discussions in a way that encourages the patient to express their personal needs and preferences for care, treatment, management and self-management. Gillon R. Medical ethics: four principles plus attention to scope. The authors make much of the fact that other organisations such as credit agencies, Facebook, and also Tesco now hold much personal data about people. National Library of Medicine Practical issues are relevant. The https:// ensures that you are connecting to the PDF Confidentiality - GOV.UK It is extremely important that patients are made aware of information disclosures that must take place in order to provide them with high . 1.5.14 Explore the patient's preferences about the level and type of information they want. Medical Confidentiality - The Medic Portal PDF NHS England report template - data icon Doctors have an ethical and legal duty to respect patient confidentiality. This guidance covers what consent means in relation to using and sharing confidential patient information. In situations where the patient and/or their relatives are uncontactable despite the authors best efforts then the Journals editorial board will consider the situation on a case-by-case basis. Pattison S, Marshall M. Is Confidentiality a Con? In particular, approval from an ethics committee should not overcome a patients refusal to provide consent. When a decision is taken to disclose information about a patient to a third party due to safeguarding concerns/public interest, the patient should always be told and asked for consent before the disclosure unless it would be unsafe or not practical to do so. If the patient is deceased, we ask for consent from their closest relative. Patient Safety - World Health Organization (WHO) This is set out by the General Medical Council's document, Good Medical Practice, a document that guides Doctors' ethical and legal decisions. This requires healthcare professionals to recognise the individual, and for services to be tailored to respond to the needs, preferences and values of the patient. Patients value healthcare professionals acknowledging their individuality and the unique way in which each person experiences a condition and its impact on their life. Implied consent: if your confidential patient information is accessed and used for your individual care then your consent is implied, without you having to explicitly say so. Using patient feedback to drive quality improvement in hospitals: a 1.2.11 When patients in hospital are taking medicines for long-term conditions, assess and discuss with them whether they are able and would prefer to manage these medicines themselves. 1.1.5 Avoid making assumptions about the patient based on their appearance or other personal characteristics. When obtaining informed consent authors must advise their patients not only that their case will be placed in the public domain but that despite every effort at anonymisation there exists a possibility that they may be identified, and that their consent is irrevocable after (but not before) publication. HN0 0NEc; W[@jAHzaw7%$XH}. Clare House Surgical & Dermatology Homepage. This is a very clear and specific statement of consent. This guidance has been reviewed by the Health and Care Information Governance Panel, including the Information Commissioners Office (ICO) and National Data Guardian (NDG). The importance of consent in case reports - Oxford Academic It furthers the University's objective of excellence in research, scholarship, and education by publishing worldwide, This PDF is available to Subscribers Only. 2003;11(1):22-31. doi: 10.7748/nr.11.1.22.s3. General guidance The NMC Code for Nurses and Midwives (includes guidance regarding confidentiality and disclosing your NMC PIN) NHS England (England) - search for 'confidentiality' Department of Health - 'Confidentiality: NHS Code of Practice' Northern Ireland - Department of Health guidance on confidentiality Patients who lack capacity Every use of confidential information must be lawful. The site is secure. Patient information in this context means any health or medical information about the patient, whether identifiable with an individual or not. Recommendations of the Caldicott committee to ensure patient confidentiality. Complaints to the NHS or the GMC, or legal action against doctors on the basis of an alleged breach of confidentiality are also extremely rare. It covers the five confidentiality rules: Confidential information about service users or patients should be treated confidentially and respectfully. This response seeks to support such patients and to assure them that their legal, ethical, and ministerial safeguards remain in place. Review their circumstances and need for support regularly. The law relating to consent is complex and often leads to confusion. Disclosing information with consent. 1.1.4 Listen to and address any health beliefs, concerns and preferences that the patient has, and be aware that these affect how and whether they engage with treatment. Clinical guideline [CG138] They should be able to expect that this information will remain confidential unless there is a compelling reason why it should not. the NICE guideline on depression in adults with a chronic physical health problem. Patients entrust their practice with sensitive information relating to their health and other matters in order to receive the treatment and services they require. When providing information for these purposes, you should still respect the patient's confidentiality . The ongoing COVID-19 pandemic has underscored the potential value of case reports in this regard, with well over 4000 published to date.3. Orthop Nurs. Possible formats include using written information, pictures, symbols, large print, Braille and different languages. Nobody gets to share your healthcare information without your permission. The Human Rights Act of 1998 brought into UK law the principles of the European Convention on Human Rights, some of which, such as the Right to Privacy (Article 8) are directly relevant. Importantly, we see a clear distinction between consideration and approval by an ethics committee and a statement from an institutional review board (IRB) saying that a case report does not require their approval because it is not considered research. Inclusion in an NLM database does not imply endorsement of, or agreement with, Where a novel and/or difficult judgment or decision is required, it is advisable to involve a Caldicott Guardian. Such trust allows open and honest reporting of symptoms and medical history, which is crucial to developing the correct diagnosis and initiating appropriate treatment. 1.5.8 Summarise information at the end of a consultation and check that the patient has understood the most important information.