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Chapter 4 - Confidentiality

from Section 1 - Professional Ethics in Obstetrics and Gynecology

Published online by Cambridge University Press:  01 November 2019

Laurence B. McCullough
Affiliation:
Donald and Barbara Zucker School of Medicine at Hofstra/Northwell
John H. Coverdale
Affiliation:
Baylor College of Medicine, Texas
Frank A. Chervenak
Affiliation:
Donald and Barbara Zucker School of Medicine at Hofstra/Northwell
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Summary

This chapter provides an ethical framework for the prima facie ethical obligation of confidentiality to patients.

Confidentiality names the ethical obligation in the professional ethics of medicine of all physicians and other healthcare professionals involved in a patient’s care to maintain, as inaccessible, information about the patient by preventing access to that information by those without authorization to have access to it. Confidentiality is now understood as a prima facie ethical obligation that is both beneficence based and autonomy based. The history of the obligation of confidentiality is crucial to understanding how and why this double justification is taken for granted, because the understanding of confidentiality was different in the past.

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Publisher: Cambridge University Press
Print publication year: 2019

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References

von Staden, H. “In a pure and holy way:” personal and professional conduct in the Hippocratic Oath. J Hist Med Allied Sci 1996; 51: 404437.Google Scholar
Plato. Crito. In Cooper, JM, Hutchinson, DS, eds. Plato Complete Works. Indianapolis, IN: Hackett, 1997: 3748.Google Scholar
McCullough, LB. John Gregory and the Invention of Professional Medical Ethics and the Profession of Medicine. Dordrecht, the Netherlands: Springer, 1998.Google Scholar
Hoffmann, F. Medicus politicus; sive, regulae prudentiae secundum quas medicus juvenis studia sua & vitae rationem dirigere debet. (The Politic Doctor, or Rules of Prudence according to which a Young Physician Should Direct his Studies and Reason of Life). Leiden: Philip Bonk, 1738.Google Scholar
Gregory, J. Lectures on the Duties and Qualifications of a Physician. London: W. Strahan and T. Cadell, 1772. Reprinted in McCullough LB, ed. John Gregory’s Writings on Medical Ethics and the Philosophy of Medicine. Dordrecht, the Netherlands: Kluwer Academic, 1998: 161–248.Google Scholar
Pernick, MS. Bioethics and history. In Baker, RB, McCullough, LB, eds. The Cambridge World History of Medical Ethics. New York: Cambridge University Press, 2009: 1620.Google Scholar
Baker, RB. Before Bioethics: A History of American Medical Ethics from the Colonial Period to the Bioethics Revolution. New York: Oxford University Press, 2013.Google Scholar
Percival, T. Medical Ethics; or, A Code of Institutes and Precepts, adapted to the Professional Conduct of Physicians and Surgeons. London: Johnson & Bickerstaff, 1803.Google Scholar
World Medical Association. International Code of Medical Ethics. 1949. Available at www.wma.net/wp-content/uploads/2018/07/International-Code-of-Medical-Ethics-1949.pdf (accessed March 1, 2019).Google Scholar
British Medical Association. Medical ethics. Brit Med J Spec Suppl 1971; 3465: 143.Google Scholar
American Medical Association. Principles of Medical Ethics. 1957. In Baker, RB, Caplan, AL, Emanuel, LL, Latham, SR, eds. The American Medical Ethics Revolution: How the AMA’s Code of Ethics Has Transformed Physicians’ Relationships to Patients, Professionals, and Society. Baltimore, MD: The Johns Hopkins University Press, 1999: 356.Google Scholar
American Medical Association. AMA Principles of Medical Ethics. 2001. Available at www.ama-assn.org/sites/ama-assn.org/files/corp/media-browser/principles-of-medical-ethics.pdf (accessed March 1, 2019).Google Scholar
Tarasoff v. Regents of the University of California, 17 Cal. 3d 425, 551 P.2d 334, 131 Cal. Rptr. 14 (Cal. 1976).Google Scholar
Jones, JW, McCullough, LB. Disclosure of intraoperative events. Surgery 2002; 132: 531532.Google Scholar
American College of Occupational and Environmental Medicine. Confidentiality of medical information in the workplace. 2012. Available at www.acoem.org/Confidentiality_Medical_Information.aspx (accessed March 1, 2019).Google Scholar
Americans With Disabilities Act of 1990, Pub. L. No. 101–336, 104 Stat. 328 (1990).Google Scholar
Hudson, KL, Holohan, MK, Collins, FS. Keeping pace with the times – the Genetic Information Nondiscrimination Act of 2008. N Engl J Med 2008; 358: 26612663.Google Scholar
Annas, GJ, Roche, PW, Green, RC. GINA, genism, and civil rights. Bioethics 2008; 22: iiiv.Google Scholar
Moran, C. Harris County Hospital District fires 16 over privacy. Houston Chron November 25, 2009. Available at www.chron.com/news/houston-texas/article/Harris-hospital-district-fires-16-over-privacy-1736905.php (accessed March 1, 2019).Google Scholar
McCullough, LB, Brothers, KB, Chung, WK, Joffe, S, et al. In behalf of the Clinical Sequencing Exploratory Research (CSER) Consortium Pediatrics Working Group. Professionally responsible disclosure of genomic sequencing results in pediatric practice. Pediatrics 2015; 136: e974982.Google Scholar
Wolf, SM, Branum, R, Koenig, BA, Petersen, GM, et al. Returning a research participant’s genomic results to relatives: analysis and recommendations. J Law Med Ethics 2015; 43: 440463.CrossRefGoogle ScholarPubMed
The American Society of Human Genetics Social Issues Subcommittee on Familial Disclosure. ASHG Statement. Professional disclosure of familial genetic information. Am J Human Genet 1998; 62: 474483.Google Scholar
Lo, B, Dornbrand, L, Dubler, NN. HIPAA and patient care: the role of professional judgment. JAMA 2005; 293: 17661771.Google Scholar
Kipling, R. If: a father’s advice to his son. Available at www.goodreads.com/quotes/143729-if-you-can-keep-your-head-when-all-about-you (accessed March 1, 2019).Google Scholar
American Medical Association. Professionalism in the use of social media. N.d. Available at www.ama-assn.org/delivering-care/ethics/professionalism-use-social-media (accessed March 1, 2019).Google Scholar
Kind, T. In the literature: professional guidelines for social media use: a starting point. AMA J Ethics 2015; 17: 441447.Google Scholar

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