Professional secrecy and Privileged communication

Professional secrecy and Privileged communication

Q. 1

A patient approaches you with multiple infected bite wounds to the shoulder. There are also a few scratch marks on his back. He confess you that he has raped a woman a few weeks ago but has asked you to keep it a secret. He warns you that he would sue you for breach of professional secrecy if you inform anyone. What is the appropriate response in this scenario?

 A

Treat the patient and keep the information a secret

 B

Refused to treat the patient and inform the police

 C

Treat the patient and inform the police immediately

 D

Treat the patient and inform the police after his wounds have healed

Q. 1

A patient approaches you with multiple infected bite wounds to the shoulder. There are also a few scratch marks on his back. He confess you that he has raped a woman a few weeks ago but has asked you to keep it a secret. He warns you that he would sue you for breach of professional secrecy if you inform anyone. What is the appropriate response in this scenario?

 A

Treat the patient and keep the information a secret

 B

Refused to treat the patient and inform the police

 C

Treat the patient and inform the police immediately

 D

Treat the patient and inform the police after his wounds have healed

Ans. C

Explanation:

As per section 3a, CrPC and section 176 IPC the doctor is duty bound to report such matters (crimes) to the nearest magistrate or police.

Failing to do so intentionally is punishable by imprisonment as per section 202 of IPC.

Since an infected bite wound can sepsis and death. Its essential to treat the wounds in this case.

Ref: Textbook of Forensic Medicine and Toxicology by Narayan Reddy, Edition 21, Page – 28,29


Q. 2

Privileged communication is made between:

 A

Patient and Doctor

 B

Doctor and court of Law

 C

Doctor and Relative

 D

Doctor and concerned authority

Q. 2

Privileged communication is made between:

 A

Patient and Doctor

 B

Doctor and court of Law

 C

Doctor and Relative

 D

Doctor and concerned authority

Ans. D

Explanation:

Privileged communication is a statement made bonafide upon any subject matter by a doctor to the concerned authority, due to his duty to protect the interest of the community or the state.

It should be made to the person having interest in it or in reference of which he has a duty.

Ref: Parikh’ Textbook of Medical Jurisprudence Forensic Medicine and Toxicology, 5th Edition, Page 216 and 6th Edition, Page 1.34; The Essentials of Forensic Medicine and Toxicology By Dr K S Narayan Reddy, 27th Edition, Pages 28-9


Q. 3

Professional secrecy can be divulged :

 A

If the doctor feels so

 B

On demand by a court

 C

Both

 D

None

Q. 3

Professional secrecy can be divulged :

 A

If the doctor feels so

 B

On demand by a court

 C

Both

 D

None

Ans. B

Explanation:

B i.e. On demand of court

Quiz In Between


Q. 4

Privileged communication may be made by a doctor in:           

September 2003

 A

Notifiable diseases

 B

HIV

 C

Malignant condition

 D

Divorce case

Q. 4

Privileged communication may be made by a doctor in:           

September 2003

 A

Notifiable diseases

 B

HIV

 C

Malignant condition

 D

Divorce case

Ans. B

Explanation:

Ans. B i.e. HIV


Q. 5

In the court of law, professional secrecy can be divulged under:        

MAHE 11

 A

Doctrine of Common Knowledge

 B

Privileged communications

 C

Res ipsa loquitor

 D

Therapeutic privilege

Q. 5

In the court of law, professional secrecy can be divulged under:        

MAHE 11

 A

Doctrine of Common Knowledge

 B

Privileged communications

 C

Res ipsa loquitor

 D

Therapeutic privilege

Ans. B

Explanation:

Ans. Privileged communications

Quiz In Between


Q. 6

Privileged communication is between:        

AI 09

 A

Doctor-patient

 B

Doctor-medical council

 C

Doctor-court

 D

Doctor-police

Q. 6

Privileged communication is between:        

AI 09

 A

Doctor-patient

 B

Doctor-medical council

 C

Doctor-court

 D

Doctor-police

Ans. C

Explanation:

Ans. Doctor-court


Q. 7

Exception to the rule of professional secrecy is allowed under following circumstances except

 A

Court of law

 B

Cases of suspected crime

 C

In negligent suits

 D

In interest of relatives

Q. 7

Exception to the rule of professional secrecy is allowed under following circumstances except

 A

Court of law

 B

Cases of suspected crime

 C

In negligent suits

 D

In interest of relatives

Ans. D

Explanation:

Ans. is ‘d i.e., In interest of relatives

Professional secrecy is an implied ethical and legal obligation (or contract), that the doctor will not divulge any thing he comes to know concerning patient during the course of his professional work. Doctor is liable to damages for its breech.

However, it is justified in certain circumstances, to disclose information to proper authority, and this is known as privileged communication. It is defined as a communication made by doctor to a proper authority that has corresponding legal, social, and moral duties to protect the public. Privileged communication is made in certain circumstances where the doctor is justified in disclosing information about his patient. Such communication is regarded as privileged and is an exception to the general rule of professional secrecy between doctor and patient. Example are :‑

1) In court of law : When asked by judge.

2) As compulsor duty : Every doctor has to give details of birth, death and communicable disease.

3) As a social duty : If health of a patient can cause danger to society, e.g. :-

i) Railway engine driver being colour blind.

ii) Bus driver being epileptic, drug addict or hypertensive.

iii) Pilot having refractive errors.

iv) Hotel waitor suffering from TB or being typhoid carrier.

v) Swimming pool user suffering from STD (e.g. syphilis) or infectious disease.

vi) Person suffering from STD or HIV infection likely to marry.

vii) Cases of food poisoining.

viii) Water pollution.

4) In cases of suspected crime.

5) In self interest, both in civil and criminal suits by patient.

6) When a servant is sent by master.

7) In negligent suits when doctor is employed by opposite party to cross-examine patient who filed the suit.

8) In insurance reports, he can report any disease found. But he should not answer queries of insurance company or solicitor without the patient consent.

9) In the interest of patient : If patient is not taking proper care, details can be communicated to the relatives.

Quiz In Between



Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.

%d bloggers like this:
Malcare WordPress Security