The General Medical Council’s (UK) Good Medical Practice Guidelines (2006) require doctors to
respect the patient’s right to dignity and confidentiality and the expectation is that prisoners will be
examined without restraints and without the presence of prison officers unless there is a high risk of
violence. Where such high risk is present, the patient’s privacy, dignity and confidentiality should be
maintained as much as possible (British Medical Association (BMA) Ethical Guidance, 2004). Practice
shows that the circumstances in which doctors need to compromise on privacy and confidentiality
are very few, and this should be a guiding principle when accepting restrictions on clinical practice.
Ultimately doctors operate professional judgement and have to balance the needs of their patients
against the needs for security and safety. Experience shows that the latter rarely needs to override
the former.
Once a medical examination is conducted and medical notes are made, health professionals have a
duty to hold information on their patients in confidence.
A physician shall respect a patient’s right to confidentiality. It is ethical to disclose confidential
information when the patient consents to it or when there is a real and imminent threat of harm to
the patient or to others and this threat can be only removed by a breach of confidentiality (World
Medical Association International Code of Medical Ethics, 1949).
This requirement is central to the doctor-patient relationship, and without the assurance of
confidentiality, patients may be reluctant to give information to their health-care providers.
Establishing trust and a good doctor-patient relationship in the prison setting is potentially even
more difficult than it is outside the prison, as medical staff may be identified by prisoners as being
part of the prison’s authorities. Further, medical staff may face pressures to disclose information
to non-medical prison staff who mistakenly feel that they have a right to know such information
for their own protection. Good practice guidelines make it clear that any disclosure of confidential
information must adhere to established principles of medical ethics, and doctors making such
disclosure must always be prepared to justify their decision in accordance with these principles84.
As stated in the International Code of Ethics, there will of course be situations in which the health
professional may judge that a real and imminent threat exists, either to the patient himself or to
other prisoners or staff, and which may necessitate disclosing limited medical information to assist
in protecting the patient or others. This would be the case, for example, if a patient is judged to have
suicidal ideas which they could act upon. The doctor may then judge that they must disclose some
information for the patient to be put on “suicide watch”. In cases where the health professional feels
that a prisoner threatened harm against another prisoner or staff, in a way which suggested a very
real risk of the threat being carried out, then they must consider reporting such a threat in order to
protect the potential victim.
64
Sourcebook on solitary confinement: The role of health professionals in segregation units
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