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NZ: City doctor who breached confidentiality cleared of privacy breach

Posted on January 27, 2011 by Dissent

Here’s the latest news report by Sam McKnight on a case previously covered on this blog:

Invercargill doctor Robert Henderson has been cleared of breaching a careworker’s privacy when he disclosed her personal information to her employer.

Dr Henderson appeared before the Human Rights Review Tribunal last year to defend claims that in 2003 he violated the woman’s privacy by telling her employer, a Southland resthome, she was on the methadone programme, exhibited drug-seeking behaviour and had criminal convictions for drug-related offences.

He believed the woman could have jeopardised patient safety by denying them medication.

I’m a bit surprised by the decision and I wouldn’t even hazard a guess as to how the charges would have been handled here in the U.S.

Interestingly, the decision for the doctor was not unanimous and was a 2-1 decision. McKnight also reports:

The tribunal did not completely support Dr Henderson’s actions. The decision said he could have made further inquires before acting and he could have been more considerate in relaying the details.

But it said he made the disclosure to someone he believed would be able to respond and mitigate any threat.

Ms Grant said in the minority decision that Dr Henderson had reasonable grounds to believe there was an imminent threat to the safety of patients but formed a different view as to why he did it.

Read more on Stuff.

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