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Power of Attorney - Mental Health
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Can a psychiatrist divulge conversations had with a patient to next of kin who also has power of attorney or is this covered by patient confidentiality? Thanks.
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I am sorry but sandyRoe is incorrect,
In A Pickle (our neighbour who used to post here) will, as many will know, had severe Mental Health problems,and has in the past been hospitalised for longish periods.
His Pyschiatrist was asked by Pickle's partner about more of Pickle's condition,and what he said to the Pysch etc.
The Pysch told him he could not divulge such information without the consent of the patient.This may sound odd,when the patients mind may be confused(which of course it is not always),but it's how the rules stand.The patient would loose ALL confidence in their professional if such things happened.
No patient consent,no information.
Let's take another example.A patient is in hospital with a heart condition,and a daughter wants to know what (in detail) is happening,conversations with the Dr,tests etc,but the Mother want's it kep confidential.
Should the Dr tell the Daughter all,I think not,well not without the Mother's agreement anyway.
Mental health and Physical Health may be different,but their confidentiality should always be the same.
Just because the patient's mind is not working right,doesn't mean that they are not entitled to confidentiaity.
In A Pickle (our neighbour who used to post here) will, as many will know, had severe Mental Health problems,and has in the past been hospitalised for longish periods.
His Pyschiatrist was asked by Pickle's partner about more of Pickle's condition,and what he said to the Pysch etc.
The Pysch told him he could not divulge such information without the consent of the patient.This may sound odd,when the patients mind may be confused(which of course it is not always),but it's how the rules stand.The patient would loose ALL confidence in their professional if such things happened.
No patient consent,no information.
Let's take another example.A patient is in hospital with a heart condition,and a daughter wants to know what (in detail) is happening,conversations with the Dr,tests etc,but the Mother want's it kep confidential.
Should the Dr tell the Daughter all,I think not,well not without the Mother's agreement anyway.
Mental health and Physical Health may be different,but their confidentiality should always be the same.
Just because the patient's mind is not working right,doesn't mean that they are not entitled to confidentiaity.
The Mental Capacity Act and the procedures for Safeguarding Vulnerable Adults do, these days, protect the interests of those unable to make rational decisions for themselves, but these are very specific and apply to those covered under the Act. A medical professional should not reveal anything about another patient to anyone else - power of attorney is not at all the same thing. Information Governance and patient confidentiality are hugely hot topics in the NHS these days, and divulging patient-specific information would get the individual into very serious trouble. if the patient has however given consent for that particular conversation and is capable of doing so, and the consent is given in a manner which is acceptable under the law, then that may be a different matter. Generally speaking though, the answer, I believe, is No.
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