Intended for healthcare professionals

Education And Debate

The legal position

BMJ 1997; 315 doi: (Published 15 November 1997) Cite this as: BMJ 1997;315:1299
  1. Andrew Burrows, professor of English lawa
  1. a University College, London

    From a legal perspective there are two main questions. Is a doctor in breach of the duty of confidence owed to a patient by disclosing information about the patient to a third party, such as the Driver and Vehicle Licensing Agency or the patient's employer? May a doctor be liable in negligence, to a person injured by a patient, for not having disclosed information about the patient to, for example, the licensing agency or the patient's employer?

    As regards the first question, doctors have a legal duty to …

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