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.