Membership information 1800 444 542
Dentolegal advice 1800 444 542

Confidentiality is king

14 July 2014

A dental receptionist received a telephone call from the headmaster of a local school enquiring whether a particular 14-year-old child had attended the surgery that day for an appointment with the hygienist. Apparently the child had a history of truancy at the school and it was suggested that this was another ploy to explain his non-attendance.

On this particular occasion, the child had in fact attended the clinic, but without his mother. The receptionist, having checked the appointment book, was about to provide the information requested when the hygienist – who was passing the reception desk at the time – overheard the conversation.

Fortunately, before the information was released, the hygienist realised that an issue of confidentiality was involved. The headmaster was stalled for some hours while the mother was located and her parental consent for release of the information was obtained.

Acting in the patient’s best interests prevented disciplinary action by the school against the boy, and also the possibility of a professional misconduct case being brought against the hygienist for the breach of professional confidentiality by the member of staff.

Learning points
There is a legal and ethical obligation for all practitioners to comply with contemporary standards of care:

  • Even when someone in a position of authority makes an enquiry about a patient, the rules on confidentiality remain the same.
  • It is important to ensure all staff understand the implications of maintaining patient confidentiality.
  • The level of information released should be proportionate to information sought. For example, once the mother’s consent had been obtained, the headmaster only needed to know that the child had attended the practice and not the nature of the appointment. 

These case studies are based on real events and provided here as guidance. They do not constitute legal advice but are published to help members better understand how they might deal with certain situations. This is just one of the many benefits Dental Protection members enjoy as part of their subscription. 
For more detailed advice on any issues, contact us

© 2010-2023 The Medical Protection Society Limited

DPL Australia Pty Ltd (“DPLA”) is registered in Australia with ABN 24 092 695 933. Dental Protection Limited (“DPL”) is registered in England (No. 2374160) and along with DPLA is part of the Medical Protection Society Limited (“MPS”) group of companies. MPS is registered in England (No. 36142). Both DPL and MPS have their registered office at Level 19, The Shard, 32 London Bridge Street, London, SE1 9SG. DPL serves and supports the dental members of MPS. All the benefits of MPS membership are discretionary, as set out in MPS’s Memorandum and Articles of Association.
   
“Dental Protection member” in Australia means a non-indemnity dental member of MPS. Dental Protection members may hold membership independently or in conjunction with membership of the Australian Dental Association (W.A. Branch) Inc. (“ADAWA”).
    
Dental Protection members who hold membership independently need to apply for, and where applicable maintain, an individual Dental Indemnity Policy underwritten by MDA National Insurance Pty Ltd (“MDANI”), ABN 56 058 271 417, AFS Licence No. 238073. MDANI is a wholly-owned subsidiary of MDA National Limited, ABN 67 055 801 771. DPLA is a Corporate Authorised Representative of MDANI with CAR No. 326134. For such Dental Protection members, by agreement with MDANI, DPLA provides point-of-contact member services, case management and colleague-to-colleague support.
    
Dental Protection members who are also ADAWA members need to apply for, and where applicable maintain, an individual Dental Indemnity Policy underwritten by MDANI, which is available in accordance with the provisions of ADAWA membership.
   
None of ADAWA, DPL, DPLA and MPS are insurance companies. Dental Protection® is a registered trademark of MPS.

Before making a decision to buy or hold any products issued by MDANI, please consider your personal circumstances and the Important Information, Policy Wording and any supplementary documentation available by contacting the DPL membership team on 1800 444 542 or via email.