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KembaraXtra-Case Law-Hunter v Mann (1974): Confidentiality in Doctor-Patient Relationship
I. Case Overview
I. Case Overview
- Core Principle: Establishes a legal obligation for doctors to respect patient confidentiality.
- Context: Deals with the conflict between a doctor's duty of confidentiality and a statutory duty to provide information.
- Scenario: A police officer requested a doctor to provide information about a patient suspected of dangerous driving in a stolen car, invoking authority under the Road Traffic Act 1972.
- Doctor's Position: The doctor refused, citing breach of professional confidence.
- Initial Outcome: The doctor was initially convicted in the magistrates’ court.
- Ruling: The court dismissed the doctor's appeal.
- Rationale:
- Acknowledged the doctor's duty of confidence to the patient.
- Held that this duty was limited.
- In this specific situation, the statutory duty to provide information (under the Road Traffic Act) overrode the doctor's obligation to maintain patient confidentiality.
- Important Note (Lord Widgery CJ): A doctor can appeal to the judge's discretion when asked a question that would breach confidentiality during court evidence.
- Equity as the Foundation: The strongest legal basis for the duty of confidence lies in equity (fairness and good conscience).
- Key Cases Cited:
- Fraser v Evans (1969):
- Lord Denning emphasized that the jurisdiction for confidentiality isn't based on property or contract, but on the duty of good faith.
- Prohibits divulging confidential information received unless there's "just cause or excuse".
- Stephens v Avery (1988):
- Sir Nicolas Browne-Wilkinson VC: it is unconscionable to reveal information received on the basis of confidence
- Attorney General v Guardian Newspapers (No 2) (1990):
- Lord Keith: Recognized that an obligation of confidence arises from specific relationships like doctor-patient, priest-penitent, solicitor-client, and bank-customer.
- Fraser v Evans (1969):
- Duty of Confidence Exists: Doctors have a legal duty to maintain patient confidentiality.
- Duty is Not Absolute: This duty is not absolute and can be overridden by other legal obligations (e.g., statutory duties).
- Equity Underpins the Duty: The legal foundation for this duty lies in equity and the principle of good faith.
- Judicial Discretion: A judge has the discretion to determine if confidential information must be disclosed in court.
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