Confidential except when ...

Motorist

Is the doctor-patient confidentiality agreement superceded by the law. For example, if a patient tells a doctor of some crime he or she commited, is the doctor obliged to hand this information over to the garda.

paky

im not sure but a psychologist for example would have a duty of care to report a client to the police if they have made threats to end there lives

i dont think a doctor would have a duty to report a crime but as far as i know, all gun shot injuries must be reported to the police

tbh i think it amounts to how much you trust your doctor.

Shield

I believe that doctors contact the police if a confession that a child has been molested (or worse) by the patient, if a statement of intent to commit suicide is made directly to the doctor there and then, and other extremely limited circumstances which I don't believe is exhaustive.

Victor

Motorist wrote: »

For example, if a patient tells a doctor of some crime he or she commited, is the doctor obliged to hand this information over to the garda.

Past crimes: generally no, with certain specific exceptions, in particular child abuse. Of course, it may bring the doctor-patient relationship to an end.

Future, planned crimes: generally yes.

Crimes against the doctor or other medical staff: generally yes, however proportionality would likely come into it, e.g. an under age, medically compromised or distressed patient struggling / lashing out.

amen

This is interesting. I always thought the doctor-patient confidentiality only extended to medical matters not criminal matters.

Basically what you are saying is that If I killed someone, get a sore throat and go to the doctor and tell him that I killed someone then he cannot legally tell the police?

I can't believe that is correct.

Under what grounds would this fall under medically confidentiality ?

Victor

amen wrote: »

Basically what you are saying is that If I killed someone, get a sore throat and go to the doctor and tell him that I killed someone then he cannot legally tell the police?

You can't ask for legal advice on this forum.

I said "generally no". There are other matter to consider.

However, if someone is medically compromised (with say a strong pain killer) and admits to having done something inappropriate or for example someone is trying to be honest with their psychiatrist ans such honesty is necessary as part of their treatment, then a court would be slow to intervene.

drkpower

amen wrote: »

I can't believe that is correct.

Thats because its not! Those here who say that there is no general obligation on a doctor to report past crimes admitted by a patient are wrong (in most cases). There is.

It is the same duty that is on all of us; namely to report (unless you have a 'reasonable excuse') a “serious offence”, which is one which carries a 5 years prison term and involves death, serious personal injury, false imprisonment or serious loss/damage to property.

So that would include murder, serious assault and a myriad of offences down to stealing someone's car.

There is an argument that a doctor could rely on the reasonable excuse defence; but while i dont think it has been litigated in this specific context, I doubt medical confidentiality alone would amount to a reasonable excuse in respect of most offences. But much would depend on the context in which the crime was 'confessed', I would imagine (ie. was the admission central to the therapeutic relationship might be a relevant factor). The Government had an opportunity to provide a specific exemption to medical confidentiality and chose not to.

Offences Against the State (Amendment) Act, 1998, if you are interested (with a potential 5 year term).