Reflections on Legal Responsibility for Protection of Patient Information in the Health Care Sector Ellen K. Christiansen, legal advisor Ellen.Christiansen@telemed.no. This presentation:. Once upon a time…. The ”new” patient-doctor relationship Legal issues Duty of confidentiality
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Reflections on Legal Responsibility for Protection of Patient Information in the Health Care SectorEllen K. Christiansen, legal advisorEllen.Christiansen@telemed.no
…the paternalistic doctor
…with his patient records
…to which the patient had none or
… And that is not very long ago!..
The confident and informative doctor
The co-operative doctor, more and more like a consultant/adviser
The ”divine” doctor
The informed, participating, demanding and skilled patient with legal rights
The humble, unquestioning and passive patient
The inquiring patient
(Leif Erik Nohr 1999)
Hurray! More decisions to make!
Somebody has to decide! I am a sick person.
”Health personnel shall prevent others from gaining access to or knowledge of information relating to people’s health or medical condition or other personal information that they get to know in their capacity as health personnel”
”The duty of confidentiality pursuant to section 21 is not to prevent information from being made known to the person that the information directly relates to, or to others, to the extent to which the person who is entitled to confidentiality gives his consent thereto.”
The patient’s consent does not affect the health personnel’s professional duty of responsible processing of health information
Health personnel shall conduct their work in accordance with the requirements to professional responsibility and diligent care…
- their qualifications - nature of their work - the situation in general
The Norwegian Health Personnel Act, § 4
But: What if the patient does not care?
They make a deal!
In general: How should the changing of roles in the health care sector affect the legislation? Or: Is it irrelevant?