Patient and doctor confidentiality is a critical issue. Doctors and therapists have laws guiding disclosure where disclosure can only made with the consent of the patient. However, in some cases, it is not possible to obtain patient’s consent where the disclosure may negatively impact the patient. In such a case as this, it presents a huge dilemma for the professional involved, and decision ether way has huge consequences for the parties involved.
As the attending psychologist, I would disclose the information to the judge not with a view to hurt the client’s eligibility for early release, but, with a view to facilitate the justice process and bring-out the truth. Failure to do this can have several consequences to my profession and to the justice system. To begin with, should the truth be revealed in any other way other than full disclosure from the physician, it would hurt the profession since even though patient doctor privileges exist, it does not include covering up crime so this would hurt my profession. One the other hand, it is wrong to watch a criminal go free and joined the disciplined forces on false pretence, an action that can hurt the image of the disciplined forces and affect performance. It also shows the faults in the justice system for the wrong person to be arrested, tried and serve fulltime while the real offender walks free. For this reason, in the interest of justice, morality and professional integrity, it is important to have full disclosure. The Medicalprotection.org (2016) lists disclosure due to public interest as a possible scenario for disclosing without patient consent. This case can be treated as one of public interest. The disclosure will however be discussed with the patient.
References
Medicalprotection.org (2016). England Factsheets. Retrieved 7 March 2016, from http://www.medicalprotection.org/uk/resources/factsheets/england/england-factsheets/uk eng-confidentiality-disclosures-without-consent
