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30 Cards in this Set

  • Front
  • Back

What is implicit consent?

Common law right to disclose confidential information without consent in seeking advice on patient care from colleagues

When a practitioner uses implicit consent to consult a colleague, what is expected?

- colleague is bound by confidentiality

- As little identifying information as possible should be disclosed

When else can implicit common law right to disclose information be activated?

- Compassionate situations

- undertaking an audit

- Quality assurance measures

- when a person applies for benefit exemption

- Asks for placement, referral or reference (may be prudent to get explicit consent)

When will an implicit common law right to disclose confidential information be negated?

Express refusal of the patient

Can individuals who have expressly consented to disclosure complain later?


What issues should be covered by express consent?

- team approach

- role of students, trainees and volunteers

- observing, audiotaping and videotaping sessions

- use of patient information in research

- integrated care with other agencies

- External audits of files

- Communication with referring agencies

- means of communicating with the patient

- communication with the patient's family or other caregivers and supports

- disclosure in situations of imminent peril

How should the practitioner get express consent of patient?

- policy of practice should be given to px and discussed with them

- px asked if they have questions

- px consent should be documented

- px can consent to release only some of their personal health information (or to some individuals but not others)

Is there a legal impediment to health professionals and agencies developing a model of integrated service delivery?

no, but care must be taken to insure policy meets requirements of common, equitable and professional law as well as statutory obligations

Is it ok to have a huge list of agencies in the integrated service delivery plan?

no, the patient must be able to understand what information is going to what agency and why

What happens to a patients right to privacy once they start litigation process?

they are seen as giving up or waiving their confidentiality rights

Who can HIC disclose patient information without consent?

- Medical officer of health, public guardian and trustee, children's lawyer or children's aid society

- Head of penal, custodial or psychiatric facility to facilitate provision of care or placement, detention or release of a detained individual

- Person carrying out an inspection or investigation under a warrant

- another HIC who provides improvement of quality of care

If PHIPA permits disclosure, does that mean a HIC must release information?

- no it may be prohibited in another statute or common law principle

When does a child have control over access to the records related to his or her treatment?

When there is no statute to the contrary

What happens when parents have joint custody of treatment?

they have equal authority to make treatment decisions and control information

Does a custodial parent have right to access a child's information?


Who is the custodial parents if the couple is seperated and apart with the child living with one parent with the express of implicit consent of the other?

The custodial parents is the parent with whom the child lives

What rights do parents with legal right of access have in relation to information?

They have a right to information about the child's health, education and religious training

are counsellors responsible for a group member's wrongful disclosure of confidential information outside group counselling?


What is expected of counsellors when conducting group sessions?

Take reasonable steps to safeguard the privacy interests of group members by having clear policies on disclosure and access to inforamtion

- refraining from disclosing information should be a requirement for participation

When is a statement considered defamatory?

- if it tends to lower a person in the eyes of the public by making the public think less of him or her.

- what is considered defamatory changes over time

Does the legal concept of defamation prevent practitioners from recording or disclosing info that is uncomplementary or negative? Why or why not?

no, because defemation and the defence to is are broadly defined

Who can recover in defamation?

any organization or individual that has a private reputation ( even if they have a public one too)

so charities and organizations can recover in defamation, but governments cannot.

What are the two forms of defamation and what is the difference between them?

Libel: written or permanent form

and slander: oral or in transitory form

What are possible defenses to defamation?

- Justification (truth)

- Absolute privilege applied in cabinet, on floor of legislature or to legislative committees, in court, within solicitor client privilege, to a lawyer preparing for litigation, quasi judicial body (such as college of physicians and surgeons)

- Qualified privilege

What is qualified privilege ?

- person with an interst or legal, social or moral duty to make a statement communicates it to someone with a person with a corresponding interest or duty to recieve it

- it is called qualified because the statement is made out of duty and not malice

Are statements made on the internet subject to defamation?


Why are internet providers held liable for defamation? When will they not be held liable?

If they fail to remove the defamatory post after they have knowledge of it

- If they only play a passive role

Can individuals be compelled to testify?

Yes, and unless privileged, they can be compelled to answer

What can non-experts testify about?

things they saw or heard and express opinion about matters of general knowledge

What can experts testify about ?

They testify about matters in their field of expertise and they can share opinions about matters within their expertise