>
> Just watching someone do something is not a civil
> wrong, (not an 'assault'). Therefore letting or
> encouraging others to watch the spectacle isn't a
> civil wrong either.
> Alan
>
It isn't an assault. It is however, a prima facie breach of confidentiality
if done without the patient's permission. Breach of confidentiality is
potentially a breach of article 8(1) of the European Convention on Human
Rights as well as being a common law tort (Hunter v Mann, 1974), so although
one is unlikely to be sued, there is a potential civil wrong.. The question
is to what extent does one's duty to look after the relatives override one's
duty of confidentiality to the patient. I think most of the writing on this
subject has looked at the risk: benefit ratio (if at all) from the point of
view of physical harm to the patient rather than from a deontological duty
of confidentiality. I think this is what Nick was getting at (and forgive me
if I'm completely wrong on that one). Must admit I'd never thought of that
question myself (despite having a bit of an interest in medical ethics); and
it's an interesting one.
Matt Dunn
Warwick
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