The rule of medical confidentiality v. the moral duty to warn an endangered third party.
The legal situations of a medical practitioner who breaches the rule of medical confidentiality in warning an endangered third party on the one hand, and on the other a doctor who fails to warn an endangered third party (who subsequently suffers illness or other damages as a result) are addressed. There is no direct South African law applicable to either circumstance; accordingly these issues are examined in the light of general legal principles. Further, since there have been a series of important judicial decisions in the USA on this subject, American law is also considered. In the final analysis, it would appear that in South African law by breaching medical confidentiality in warning an endangered third party (subject to the doctor acting bona fide) a medical practitioner incurs no legal liability. It would also appear that failure to warn an endangered third party incurs no legal liability under South African law.
Taitz
J
J
Department of Public Law, University of Durban-Westville.
D003219:Confidentiality / Q000331:legislation & jurisprudence*; D038622:Internationality; D035846:Law Enforcement; D028681:Moral Obligations; D009014:Morals; D010819:Physician's Role; D013019:South Africa