Consent and confidentiality in children

Keywords: patient confidentiality, children, adult consent

Abstract

Confidentiality is central to the establishment and preservation of trust between a doctor and their patient, yet is one of the lesser-discussed principles of medical bio-ethics. A "duty of confidence arises when one person discloses information to another in circumstances where it is reasonable to expect that information to be held in confidence".1

Its moral basis is in that it should improve patient welfare, and as such, it is encompassed during all aspects of the treatment process, beginning with the initial consultation where patient autonomy and informed consent are first addressed.

References

1. Blightman, K, Griffiths SE, Danbury C. Patient confidentiality: when can a breach be justified? Accessed at: https://aca-demic.oup.com/bjaed/article-abstract/14/2/52/271401. Accessed on: 28-04-2020.

2. Beauchamps, T and Childress, JF. Principles of Biomedical ethics. 5th edition. Oxford University Press. 2000.

3. General Dental Council. Guidelines for doctors: confidentiality. Accessed at: https://www.gdc-uk.org/; Accessed on 26-04-2020.

4. Health Professions Council of South Africa Guidelines for Good Practice in the Health care Professions as promulgated in the Government Gazette R717. 2006; (2nd ed.) B. Booklet 2; Section 13. Professional Confidentiality.

5. Medical Protection Society. Respect for patient confidentiality. Accessed at: www.medicalprotection.org>advice-booklets>re-spect. Accessed on: 28-04-2020.

6. Bill of Rights of the Constitutional Court of South Africa. Accessed at: https://www.concourt.org.za/index.php/consti-tution/your-rights/the-bill-of-rights. Accessed on: 06-05-2020.

7. Mahery P, Proudlock, P. Legal guide to age thresholds for children and young people. Children's Institute, University of Cape Town: University of Western Cape, 2011.

8. Skelton A, Badenhorst, C. The Criminal Capacity of Children in South Africa. International Developments & Considerations for a Review. The Child Justice Alliance, c/o The Children's Rights Project, Community Law Centre: University of Western Cape. 2011.

9. Cipriani D. Children's Rights and the Minimum Age of Criminal Responsibility. Publishing A, editor. Accessed at https://books.google.co.za/books?isbn=1409496635.on07-07-2015. Ashgate Publishing, Ltd. 2013; 252.

10. Carstens PA. Informed Consent in Medical law. The South African Medico Legal perspectives. Accessed at: new.samls.co.za/node/354. Accessed on 19-02-2020.
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Published
2020-09-30