Medical confidentiality for violent patients? A comparison of the German and the English approach.
While there is widespread agreement that medical confidentiality is a principle worth protecting, problems arise where the physician holds confidential medical information which might help to prevent the commission of a criminal offence by a potentially violent patient. Neither Germany nor the UK have succeeded in providing consistent guidelines by which physicians can orientate their decision of whether or not to disclose such information to the relevant authorities and/or the potential victim. This article will evaluate the principles according to which a breach of medical confidentiality by a physician can be justified for the purpose of preventing the commission of criminal offences by potentially violent patients. It will be submitted that a breach of medical confidentiality in such a case should not be justified, unless the risk is imminent, sufficiently specified, and disclosure would exceptionally be an appropriate means to avert the danger.
Michalowski
S
S
University of Essex, UK.
D003219:Confidentiality / Q000331:legislation & jurisprudence*; D017007:Duty to Warn / Q000331:legislation & jurisprudence; D005858:Germany; D006801:Humans; D017410:Practice Guidelines as Topic; D006113:United Kingdom; D014754:Violence / Q000331:legislation & jurisprudence* / Q000517:prevention & control