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30 Cards in this Set
- Front
- Back
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What is implicit consent? |
Common law right to disclose confidential information without consent in seeking advice on patient care from colleagues |
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When a practitioner uses implicit consent to consult a colleague, what is expected? |
- colleague is bound by confidentiality - As little identifying information as possible should be disclosed |
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When else can implicit common law right to disclose information be activated? |
- Compassionate situations - undertaking an audit - Quality assurance measures - when a person applies for benefit exemption - Asks for placement, referral or reference (may be prudent to get explicit consent) |
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When will an implicit common law right to disclose confidential information be negated? |
Express refusal of the patient |
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Can individuals who have expressly consented to disclosure complain later? |
no |
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What issues should be covered by express consent? |
- team approach - role of students, trainees and volunteers - observing, audiotaping and videotaping sessions - use of patient information in research - integrated care with other agencies - External audits of files - Communication with referring agencies - means of communicating with the patient - communication with the patient's family or other caregivers and supports - disclosure in situations of imminent peril |
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How should the practitioner get express consent of patient? |
- policy of practice should be given to px and discussed with them - px asked if they have questions - px consent should be documented - px can consent to release only some of their personal health information (or to some individuals but not others) |
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Is there a legal impediment to health professionals and agencies developing a model of integrated service delivery? |
no, but care must be taken to insure policy meets requirements of common, equitable and professional law as well as statutory obligations |
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Is it ok to have a huge list of agencies in the integrated service delivery plan? |
no, the patient must be able to understand what information is going to what agency and why |
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What happens to a patients right to privacy once they start litigation process? |
they are seen as giving up or waiving their confidentiality rights |
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Who can HIC disclose patient information without consent? |
- Medical officer of health, public guardian and trustee, children's lawyer or children's aid society - Head of penal, custodial or psychiatric facility to facilitate provision of care or placement, detention or release of a detained individual - Person carrying out an inspection or investigation under a warrant - another HIC who provides improvement of quality of care |
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If PHIPA permits disclosure, does that mean a HIC must release information? |
- no it may be prohibited in another statute or common law principle |
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When does a child have control over access to the records related to his or her treatment? |
When there is no statute to the contrary |
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What happens when parents have joint custody of treatment? |
they have equal authority to make treatment decisions and control information |
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Does a custodial parent have right to access a child's information? |
Yes |
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Who is the custodial parents if the couple is seperated and apart with the child living with one parent with the express of implicit consent of the other? |
The custodial parents is the parent with whom the child lives |
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What rights do parents with legal right of access have in relation to information? |
They have a right to information about the child's health, education and religious training |
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are counsellors responsible for a group member's wrongful disclosure of confidential information outside group counselling? |
no |
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What is expected of counsellors when conducting group sessions? |
Take reasonable steps to safeguard the privacy interests of group members by having clear policies on disclosure and access to inforamtion - refraining from disclosing information should be a requirement for participation |
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When is a statement considered defamatory? |
- if it tends to lower a person in the eyes of the public by making the public think less of him or her. - what is considered defamatory changes over time |
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Does the legal concept of defamation prevent practitioners from recording or disclosing info that is uncomplementary or negative? Why or why not? |
no, because defemation and the defence to is are broadly defined |
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Who can recover in defamation? |
any organization or individual that has a private reputation ( even if they have a public one too) so charities and organizations can recover in defamation, but governments cannot. |
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What are the two forms of defamation and what is the difference between them? |
Libel: written or permanent form and slander: oral or in transitory form |
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What are possible defenses to defamation? |
- Justification (truth) - Absolute privilege applied in cabinet, on floor of legislature or to legislative committees, in court, within solicitor client privilege, to a lawyer preparing for litigation, quasi judicial body (such as college of physicians and surgeons) - Qualified privilege |
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What is qualified privilege ? |
- person with an interst or legal, social or moral duty to make a statement communicates it to someone with a person with a corresponding interest or duty to recieve it - it is called qualified because the statement is made out of duty and not malice |
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Are statements made on the internet subject to defamation? |
Yes |
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Why are internet providers held liable for defamation? When will they not be held liable? |
If they fail to remove the defamatory post after they have knowledge of it - If they only play a passive role |
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Can individuals be compelled to testify? |
Yes, and unless privileged, they can be compelled to answer |
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What can non-experts testify about? |
things they saw or heard and express opinion about matters of general knowledge |
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What can experts testify about ? |
They testify about matters in their field of expertise and they can share opinions about matters within their expertise |
