Tag: Professional secrecy and Privileged communication

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



Professional secrecy and Privileged communication

Professional secrecy and Privileged communication


Introduction

Professional communication between a legal adviser and a client is accorded protection under the Indian Evidence Act, 1872 (the Act), the Advocates Act, 1961 (Advocates Act) and the Bar Council of India Rules (BCI Rules).

A) In India, Sections 126 to 129 of the Indian Evidence Act, 1872 deal with privileged that is attached to professional communication between a legal adviser and the client

B) Section 126 and 128 mention circumstances under which the legal adviser can give evidence of such professional communication

C) Section 127 provides that interpreters, clerks or servants of legal adviser are restrained similarly.

D) Section 129 says when a legal adviser can be compelled to disclose the confidential communication which has taken place between him and his client..

E) Section 126 states that no barrister, attorney, pleader or Vakil shall at any time be permitted to

  • disclose any communication made during the course of or for the purpose of his or her employment as such attorney, by or on behalf of his or her client;
  • state the contents or condition of any document with which he or she has become acquainted in the course of and for the purpose of his or her professional employment; or
  • disclose any advice given by him or her to his or her client in the course and for the purpose of such employment.

→ 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.

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

  • Railway  engine  driver  being  colour  blind
  • Bus  driver  being  epileptic,  drug  addict  or  hypertensive.
  • Pilot  having  refractive  errors.
  • Hotel waitor  suffering from  TB  or being  typhoid  carrier.
  • Swimming pool user suffering  from  STD  (e.g. syphilis) or infectious  disease.
  • Person suffering  from  STD  or HIV  infection  likely  to  marry.

      4.  Cases  of food  poisoining,  Water  pollution.

      5. In  cases  of suspected  crime

      6. ln self interesf,  both  in  civil  and  criminal  suits by  patient.

      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 solicitor  without  the  patient  consent.

Exam Important

In India, Sections 126 to 129 of the Indian Evidence Act, 1872 deal with privileged that is attached to professional communication between a legal adviser and the client

Section 126 and 128 mention circumstances under which the legal adviser can give evidence of such professional communication

Section 127 provides that interpreters, clerks or servants of legal adviser are restrained similarly.

Section 129 says when a legal adviser can be compelled to disclose the confidential communication which has taken place between him and his client..

Section 126 states that no barrister, attorney, pleader or Vakil shall at any time be permitted to

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:  Ifhealth  ofa  patient  can cause danger  to  society, e.g

  • Railway  engine  driver  being  colour  blind
  • Bus  driver  being  epileptic,  drug  addict  or  hypertensive.
  • Pilot  having  refractive  errors.
  • Hotel waitor  suffering from  TB  or being  typhoid  carrier.
  • Swimming pool user suffering  from  STD  (e.g. syphilis) or infectious  disease.
  • Person suffering  from  STD  or HIV  infection  likely  to  marry.

      4.  Cases  of food  poisoining,  Water  pollution.

      5. In  cases  of suspected  crime

      6. ln self interesf,  both  in  civil  and  criminal  suits by  patient.

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