The practicability of Medical Confidentiality in Nigeria is close to zero as numerous factors hinge the smooth adherence of this principle. These factors which will be discussed below, include but are not limited to the following: Lack of proper punishment for breach of Medical Confidentiality by regulatory authorities’: The Nigerian environment is a religion-conscious environment one where medical practitioners are seen giving details of their medical practice success usually tagged as “miracles” during “testimony” periods in churches and mosques.
The conventional defence that these disclosures were anonymized and patients’ name not mentioned no longer hold water in the Nigerian Community as the provision of the Rules of Professional Conduct in Rule 44 while stating the steps to disclosure mandates that patients’ consent be taken before any disclosure can be made even if the patients’ identities will be anonymized. Medical practitioners in conversations with family, friends and other individuals talk about their patients, which expressly violates confidentiality.
Since the Medical and Dental Disciplinary Tribunal pay little or no attention to the breach of medical confidentiality, it is relatively hard to see cases in which practitioners are disciplined for unlawful disclosure of patients’ information. Medical confidentiality is not absolute and the information covering medical confidentiality is confined to information disclosed to a medical practitioner while in his capacity as a medical doctor.
A patient who is bringing an action for medical confidentiality must prove the presence of some factors which includes; the existence of a doctor-patient relationship, that the information disclosed by the medical practitioner was obtained by such medical practitioner while acting in his official capacity and that he has suffered damages (usually irreparable) due to the disclosure by such medical practitioner.
At the proof of these factors, some of the defences and justification for disclosure available to the medical practitioner to debunk the allegations includes but are not limited to, that the consent of the patient was obtained before disclosure, that he disclosed to prevent the commission of a crime, that the disclosure was to prevent the harm to a third party, that the disclosure is permitted and mandated by law, that the disclosure is to prevent a dangerous and harmful disease, that the disclosure is to help in the treatment of the patient or that the disclosure is to protect the public policy and the general public. It is important to mention at this junction that any disclosure made by a medical practitioner must be restricted to the required quantum for the need for its disclosure, and to the minimum level required, a medical practitioner is en-stopped from disclosing the full medical record of the patient, he must restrict disclosure to the information needed.
The practicability of the medical confidentiality principle in Nigeria is also hinged by the presence of Teaching hospitals in Nigeria Universities. The sole aim of these teaching hospitals are to teach and help in the training of medical students in the art of medicine, the question that plays in my head is whether the medical students are bound by the confidentiality duty? I answer in the negative as they have not taken the “Geneva” or the Hippocratic, which is the rope that ties medical practitioners to the confidentiality obligation.
Despite this, medical students are still allowed access to patients’ files and information in these teaching hospitals. The visible solution I see to this is the need for the Medical and Dental Regulatory body to compel institutions running these teaching hospitals to put in place regulations and sanctions for students which will make disclosure a punishable offence such that any medical student that discloses patients’ confidential information will be sanctioned with suspension or expulsion as the case may be.
An aggrieved patient whose confidentiality has been broken can bring a malpractice complaint action before the Medical and Dental Disciplinary tribunal as well as maintain an action for breach of contract or a tort action.
The medical profession is germane to the human environment and plays an important role in the continuous existence of mankind. Without medical confidentiality, the medical profession cannot achieve its purpose as it will be relatively hard for patients to trust the medical system thus leading to the hoarding of confidential information, without which medical practitioners won’t be able to adequately administer treatment to patients.
By: Adekeye Ifedayo
National Mirror News
ABUJA: Training Schedule for Basic Life Support BLS, Pediatric Advanced Life Support (PALS), Advanced Cardiovascular Life Support ACLS, First Aid, CPR, AED
PORTHARCOURT: Training Schedule for Basic Life Support BLS, Pediatric Advanced Life Support (PALS), Advanced Cardiovascular Life Support ACLS, First Aid, CPR, AED
LAGOS: Training Schedule for Basic Life Support BLS, Pediatric Advanced Life Support (PALS), Advanced Cardiovascular Life Support ACLS, First Aid, CPR, AED
STOP paying for airtime and electricity, Let your phone pay its bills with ScreenT
You may also like
Comrade Lemii Christian Emerges Chairman of NANNM Rivers State Branch in Historic Victory
PORT HARCOURT, NIGERIA Following the long awaited National Association of N…
FG Supports Robotic Surgery Expansion to Reduce Medical Tourism
Nigeria is taking another step toward strengthening specialised healthcare …
Complete Knee Replacement Rehabilitation Package in Lagos
Knee replacement surgery is a major step toward pain relief and improved mo…
NAMDA threatens strike over unpaid medical lecturers’ allowances
The Nigerian Association of Medical and Dental Academics (NAMDA) has warned…
Resident Doctors Signal End to Strike Threat After High-Level Talks with Gbajabiamila
The threat of a nationwide indefinite strike by the Nigerian Association of…
