🏠
Home ›
📁
Disability Index ›
[Employment Disability Insurance: Patient Records: Confidentiality]

Employment Disability Insurance: Patient Records: Confidentiality

The Basic Rule of non-disclosure

It is an act of professional misconduct to disclose information about a patient, failing consent or a court order, “as required by law”. ¹ It has also been recognized as a common law concept as discussed below.

Confidentiality of patient-physician communications has always been a well-established principle. ²

Madam Justice McLachlin in a 1992 decision, ³ writing concurring reasons, saw the fundamental relationship between physician and patient as one of trust.

🗂️ Category: Employment Disability Insurance

1. For example, this principle has been legislated in Ontario by Regulation 856 / 93 section 1(1) 10, passed pursuant to the Medicine Act, 1991.
2. the Supreme Court of Canada spoke to this in Halls v Mitchell
3. in Norberg v Wynrib; this decision differed from the majority in that this decision was founded in fiduciary duty.