Medical confidentiality: an intransigent and absolute obligation.

Abstract:

:Clinicians' work depends on sincere and complete disclosures from their patients; they honour this candidness by confidentially safeguarding the information received. Breaching confidentiality causes harms that are not commensurable with the possible benefits gained. Limitations or exceptions put on confidentiality would destroy it, for the confider would become suspicious and un-co-operative, the confidant would become untrustworthy and the whole climate of the clinical encounter would suffer irreversible erosion. Excusing breaches of confidence on grounds of superior moral values introduces arbitrariness and ethical unreliability into the medical context. Physicians who breach the agreement of confidentiality are being unfair, thus opening the way for, and becoming vulnerable to, the morally obtuse conduct of others. Confidentiality should not be seen as the cosy but dispensable atmosphere of clinical settings; rather, it constitutes a guarantee of fairness in medical actions. Possible perils that might accrue to society are no greater than those accepted when granting inviolable custody of information to priests, lawyers and bankers. To jeopardize the integrity of confidential medical relationships is too high a price to pay for the hypothetical benefits this might bring to the prevailing social order. :It is argued that breaching of confidentiality by physicians causes harms that are not commensurate with the possible benefits gained. Situations that seem to warrant a breach of confidentiality include posthumous disclosure, paternalism, referral and consultation, harm to innocent others, and obligations to the social order or to one's own self-defense. However, the very concept of conditional confidentiality introduces an ultimately destructive element of arbitrariness and ethical unreliability into the clinical encounter.

journal_name

J Med Ethics

authors

Kottow MH

doi

10.1136/jme.12.3.117

subject

Has Abstract

pub_date

1986-09-01 00:00:00

pages

117-22

issue

3

eissn

0306-6800

issn

1473-4257

journal_volume

12

pub_type

杂志文章
  • Gamete derivation from stem cells: revisiting the concept of genetic parenthood.

    abstract::Genetic parenthood is usually portrayed as a value-neutral concept that can be confirmed or rejected based on objective, scientific tests. However, on inspection, it is exposed as a very complex idea that we might need to consider as something that comes in different shapes and forms and that is open to interpretation...

    journal_title:Journal of medical ethics

    pub_type: 杂志文章

    doi:10.1136/medethics-2013-101830

    authors: Mertes H

    更新日期:2014-11-01 00:00:00

  • Whole-brain death reconsidered.

    abstract::The author, a philosopher, suggests that the concept of death should be left as it is 'in its present indeterminate state', and that we ought to reject attempts to define death in terms of whole-brain death or any other type of brain death, including cerebral death and 'irreversible coma'. Instead of 'fiddling with th...

    journal_title:Journal of medical ethics

    pub_type: 杂志文章

    doi:10.1136/jme.9.1.28

    authors: Browne A

    更新日期:1983-03-01 00:00:00

  • Ethical reasoning in mixed nurse-physician groups.

    abstract:OBJECTIVES:To study the ethical reasoning of nurses and physicians, and to assess whether or not modified focus groups are a valuable tool for this purpose. DESIGN:Discussion of cases in modified focus groups, each consisting of three physicians and three nurses. The discussion was taped and analysed by content analys...

    journal_title:Journal of medical ethics

    pub_type: 杂志文章

    doi:10.1136/jme.22.3.168

    authors: Holm S,Gjersøe P,Grode G,Hartling O,Ibsen KE,Marcussen H

    更新日期:1996-06-01 00:00:00

  • Military metaphors and pandemic propaganda: unmasking the betrayal of 'Healthcare Heroes'.

    abstract::Dr Caitríona L Cox's recent article expounds the far-reaching implications of the 'Healthcare Hero' metaphor. She presents a detailed overview of heroism in the context of clinical care, revealing that healthcare workers, when portrayed as heroes, face challenges in reconciling unreasonable expectations of personal sa...

    journal_title:Journal of medical ethics

    pub_type: 杂志文章

    doi:10.1136/medethics-2020-106753

    authors: Khan Z,Iwai Y,DasGupta S

    更新日期:2020-12-16 00:00:00

  • A comparison of journal instructions regarding institutional review board approval and conflict-of-interest disclosure between 1995 and 2005.

    abstract:OBJECTIVES:To compare 2005 and 1995 ethics guidelines from journal editors to authors regarding requirements for institutional review board (IRB) approval and conflict-of-interest (COI) disclosure. DESIGN:A descriptive study of the ethics guidelines published in 103 English-language biomedical journals listed in the A...

    journal_title:Journal of medical ethics

    pub_type: 杂志文章

    doi:10.1136/jme.2008.024299

    authors: Rowan-Legg A,Weijer C,Gao J,Fernandez C

    更新日期:2009-01-01 00:00:00

  • Issues of consent and the primary-school medical.

    abstract::This article discusses what level of consent is needed from a child or parent before a primary-school medical can take place (i.e. where children are aged under 12). It also considers whether there are occasions when a doctor can see a child if the parents have failed to give consent or have explicitly refused consent...

    journal_title:Journal of medical ethics

    pub_type: 杂志文章

    doi:10.1136/jme.26.6.469

    authors: Bradley P

    更新日期:2000-12-01 00:00:00

  • Blameworthy bumping? Investigating nudge's neglected cousin.

    abstract::The realm of non-rational influence, which includes nudging, is home to many other morally interesting phenomena. In this paper, I introduce the term bumping, to discuss the category of unintentional non-rational influence. Bumping happens constantly, wherever people make choices in environments where they are affecte...

    journal_title:Journal of medical ethics

    pub_type: 杂志文章

    doi:10.1136/medethics-2018-105179

    authors: Miyata-Sturm A

    更新日期:2019-04-01 00:00:00

  • Jehovah's Witnesses' refusal of blood: obedience to scripture and religious conscience.

    abstract::Jehovah's Witnesses are students of the Bible. They refuse transfusions out of obedience to the scriptural directive to abstain and keep from blood. Dr Muramoto disagrees with the Witnesses' religious beliefs in this regard. Despite this basic disagreement over the meaning of Biblical texts, Muramoto flouts the religi...

    journal_title:Journal of medical ethics

    pub_type: 杂志文章

    doi:10.1136/jme.25.6.469

    authors: Ridley DT

    更新日期:1999-12-01 00:00:00

  • What are we to make of the charge that human biological enhancement technologies are 'unnatural'?

    abstract::In popular lay discourse, objections to human biological enhancement technologies are sometimes expressed in terms of the charge that they are unnatural. This paper critiques the literal claim that seems to be presented here, namely that such technologies are in some ordinary sense 'unnatural' and that it follows from...

    journal_title:Journal of medical ethics

    pub_type: 杂志文章

    doi:10.1136/medethics-2018-104991

    authors: Miller PR

    更新日期:2019-02-01 00:00:00

  • Tobacco regulation: autonomy up in smoke?

    abstract::Over the past few decades, "Big Tobacco" has spread its tentacles across the developing world with devastating results. The global incidence of smoking has increased exponentially in Africa, Asia and South America and it is leading to an equally rapid increase in the incidence of smoking-induced morbidity and mortalit...

    journal_title:Journal of medical ethics

    pub_type: 杂志文章

    doi:10.1136/jme.2008.027847

    authors: Hooper CR,Agule C

    更新日期:2009-06-01 00:00:00

  • Literature and medicine.

    abstract::There are various ways in which medicine and literature interact, but this paper concentrates on the contribution which literature can make to 'whole person understanding'. Scientific understanding is concerned with seeing events and actions in terms of patterns or similarities. But 'whole person understanding' is con...

    journal_title:Journal of medical ethics

    pub_type: 杂志文章

    doi:10.1136/jme.17.2.93

    authors: Downie RS

    更新日期:1991-06-01 00:00:00

  • 'I just need an opiate refill to get me through the weekend'.

    abstract::In this article, we discuss the ethical dimensions for the prescribing behaviours of opioids for a chronic pain patient, a scenario commonly witnessed by many physicians. The opioid epidemic in the USA and Canada is well known, existing since the late 1990s, and individuals are suffering and dying as a result of the e...

    journal_title:Journal of medical ethics

    pub_type: 杂志文章

    doi:10.1136/medethics-2018-105099

    authors: Yan E,Kuo DJ

    更新日期:2019-04-01 00:00:00

  • What price excellence?

    abstract::A British heart surgeon argues that excellence in medicine must always be pursued even when, as in technically advanced specialties, excellence requires expensive equipment and highly trained multidisciplinary teams. He advocates that decisions on a fair and reasonable distribution of costly health services should be...

    journal_title:Journal of medical ethics

    pub_type: 杂志文章

    doi:10.1136/jme.8.3.144

    authors: English TA

    更新日期:1982-09-01 00:00:00

  • Boxing clever.

    abstract::This is the first contribution to a new JME column, "At the coalface," to which readers are invited to relate ethical problems they have encountered in their work. An adolescent patient requested that the author, a general practitioner, certify that he was medically fit to box. Toon attempted to dissuade him from bo...

    journal_title:Journal of medical ethics

    pub_type: 杂志文章

    doi:10.1136/jme.14.2.69

    authors: Toon PD

    更新日期:1988-06-01 00:00:00

  • Experiment on identical siblings separated at birth: ethical implications for researchers, universities, and archives today.

    abstract::Several films, including Three Identical Strangers, examined ethical problems in an experiment that involved identical siblings who were adopted as infants and separated into different families to examine the effects of nature versus nurture. The study was primarily designed and directed by Dr Peter Neubauer. The expe...

    journal_title:Journal of medical ethics

    pub_type: 杂志文章

    doi:10.1136/medethics-2019-105983

    authors: Klitzman RL,Kelmenson AM

    更新日期:2020-05-04 00:00:00

  • Clinical prioritisations of healthcare for the aged--professional roles.

    abstract:BACKGROUND:Although fair distribution of healthcare services for older patients is an important challenge, qualitative research exploring clinicians' considerations in clinical prioritisation within this field is scarce. OBJECTIVES:To explore how clinicians understand their professional role in clinical prioritisation...

    journal_title:Journal of medical ethics

    pub_type: 杂志文章,多中心研究

    doi:10.1136/jme.2007.020693

    authors: Nortvedt P,Pedersen R,Grøthe KH,Nordhaug M,Kirkevold M,Slettebø A,Brinchmann BS,Andersen B

    更新日期:2008-05-01 00:00:00

  • Moral distress and moral residue experienced by transplant coordinators.

    abstract::Transplant coordinators play a pivotal role in the process of obtaining consent for live or dead donation of organs. The objective of the project is to unveil emotional experiences and ethical conduct of transplant coordinators using a qualitative research methodology. Ten transplant coordinators who have worked for m...

    journal_title:Journal of medical ethics

    pub_type: 杂志文章

    doi:10.1136/medethics-2019-105593

    authors: Tarabeih M,Bokek-Cohen Y

    更新日期:2020-07-28 00:00:00

  • Transwomen in elite sport: scientific and ethical considerations.

    abstract::The inclusion of elite transwomen athletes in sport is controversial. The recent International Olympic Committee (IOC) (2015) guidelines allow transwomen to compete in the women's division if (amongst other things) their testosterone is held below 10 nmol/L. This is significantly higher than that of cis-women. Science...

    journal_title:Journal of medical ethics

    pub_type: 杂志文章

    doi:10.1136/medethics-2018-105208

    authors: Knox T,Anderson LC,Heather A

    更新日期:2019-06-01 00:00:00

  • Is there an objective way to compare research risks?

    abstract::Determining whether a research risk meets or exceeds a regulatory standard of risk acceptability is difficult. Recently a framework called the systematic evaluation of research risks (SERR) has been proposed as a method of comparing research risks with predetermined standards of acceptability. SERR purports to offer a...

    journal_title:Journal of medical ethics

    pub_type: 杂志文章

    doi:10.1136/medethics-2011-100194

    authors: Rossi J,Nelson RM

    更新日期:2012-07-01 00:00:00

  • Legislation on euthanasia: recent developments in The Netherlands.

    abstract::Recently, new developments took place in the Dutch debate on the legislation of euthanasia. After a brief account of that debate, the article discusses a new government proposal for legislation in this field, which was submitted to the Dutch parliament in November 1991. This proposal relates not only to euthanasia but...

    journal_title:Journal of medical ethics

    pub_type: 杂志文章

    doi:10.1136/jme.18.3.138

    authors: Gevers JK

    更新日期:1992-09-01 00:00:00

  • Balancing urgency, age and quality of life in organ allocation decisions--what would you do? A survey.

    abstract:PURPOSE:Explore public attitudes towards the trade-offs between justice and medical outcome inherent in organ allocation decisions. BACKGROUND:The US Task Force on Organ Transplantation recommended that considerations of justice, autonomy and medical outcome be part of all organ allocation decisions. Justice in this c...

    journal_title:Journal of medical ethics

    pub_type: 杂志文章

    doi:10.1136/jme.2006.018291

    authors: Stahl JE,Tramontano AC,Swan JS,Cohen BJ

    更新日期:2008-02-01 00:00:00

  • Lesbian couples: should help extend to AID?

    abstract::A considerable amount of publicity has recently centred on a few Lesbian couples who have successfully obtained artificial insemination by donor (AID) in order to have a child. Advice was orginally sought on a private basis from the Journal on the following case: now the issue is public knowledge, the doctor presentin...

    journal_title:Journal of medical ethics

    pub_type: 杂志文章

    doi:10.1136/jme.4.2.91

    authors:

    更新日期:1978-06-01 00:00:00

  • Professional ethics.

    abstract::Downie comments on Sieghart's article, "Professions as the conscience of society" (Journal of Medical Ethics 1985 Sep; 11(3): 117-122). He charges that Sieghart is blurring empirical, conceptual, and moral claims when he contends that the professional relationship is unique in that "altruism is paramount and self-int...

    journal_title:Journal of medical ethics

    pub_type: 杂志文章

    doi:10.1136/jme.12.2.64

    authors: Downie RS

    更新日期:1986-06-01 00:00:00

  • Personality disorder and competence to refuse treatment.

    abstract::The traditional view that having a personality disorder, unlike other mental disorders, is not usually reason enough to consider a person incompetent to make healthcare decisions is challenged. The example of a case in which a woman was treated for a physical disorder without her consent illustrates that personality d...

    journal_title:Journal of medical ethics

    pub_type: 杂志文章

    doi:10.1136/jme.2007.023341

    authors: Winburn E,Mullen R

    更新日期:2008-10-01 00:00:00

  • Autonomy in medical ethics after O'Neill.

    abstract::Following the influential Gifford and Reith lectures by Onora O'Neill, this paper explores further the paradigm of individual autonomy which has been so dominant in bioethics until recently and concurs that it is an aberrant application and that conceptions of individual autonomy cannot provide a sufficient and convin...

    journal_title:Journal of medical ethics

    pub_type: 杂志文章

    doi:10.1136/jme.2004.008292

    authors: Stirrat GM,Gill R

    更新日期:2005-03-01 00:00:00

  • Who should consent for research in adult intensive care? Preferences of patients and their relatives: a pilot study.

    abstract:INTRODUCTION:Research in intensive care is necessary for the continuing advancement of patient care. In research, informed consent is considered essential for patient protection. In intensive care, the modalities of informed consent are currently being debated by both lawyers and the medical community. The preferences ...

    journal_title:Journal of medical ethics

    pub_type: 杂志文章

    doi:10.1136/jme.2008.028068

    authors: Chenaud C,Merlani P,Verdon M,Ricou B

    更新日期:2009-11-01 00:00:00

  • HIV, confidentiality and 'a delicate balance': a reply to Leone Ridsdale.

    abstract::The passing on of information to GPs by genito-urinary doctors is to be encouraged but is not always possible and ultimately the patient's wishes and confidentiality must be respected if sexually transmitted diseases and HIV infection are to be controlled. Infected health-care workers should seek counselling and medic...

    journal_title:Journal of medical ethics

    pub_type: 杂志文章

    doi:10.1136/jme.17.4.196

    authors: Adler MW

    更新日期:1991-12-01 00:00:00

  • Ethical issues in long-term psychiatric management.

    abstract::Two general ethical problems in psychiatry are thrown into sharp relief by long term care. This article discusses each in turn, in the context of two anonymised case studies from actual clinical practice. First, previous mental health legislation soothed doubts about patients' refusal of consent by incorporating time ...

    journal_title:Journal of medical ethics

    pub_type: 杂志文章

    doi:10.1136/jme.23.5.300

    authors: Dickenson D

    更新日期:1997-10-01 00:00:00

  • Medical students' attitudes towards abortion: a UK study.

    abstract:BACKGROUND:There is little research into medical students' or doctors' attitudes to abortion, yet knowing this is important, as policy makers should be aware of the views held by professionals directly involved in abortion provision and changing views may have practical implications for the provision of abortion in the...

    journal_title:Journal of medical ethics

    pub_type: 杂志文章

    doi:10.1136/jme.2007.023416

    authors: Gleeson R,Forde E,Bates E,Powell S,Eadon-Jones E,Draper H

    更新日期:2008-11-01 00:00:00

  • Medical ethics needs a third dimension.

    abstract::McCarthy, former chairman of a National Health Service area health authority, responds to an article by T.A.H. English, "What price excellence?," in the same issue of the Journal of Medical Ethics. Unlike English, she believes that Great Britain's present system for resource allocation has not achieved an equitable d...

    journal_title:Journal of medical ethics

    pub_type: 杂志文章

    doi:10.1136/jme.8.3.147

    authors: McCarthy L

    更新日期:1982-09-01 00:00:00