Doctor-patient confidentiality uncertain in the times of Covid-19

Under the Covid-19 pandemic, a person’s right to privacy can only be breached to a degree to help stop the spread of the virus.

A number of ethical and legal issues have surfaced on how doctor-patient confidentially can exist in times where doctors have to reveal details of their patient’s results to the Covid-19 tracing database.

University of KwaZulu-Natal professor of law at the Centre for Socio-Legal Studies, David McQuoid-Mason looked at what Covid-19 meant for doctor-patient confidentiality in the latest edition of the SA Medical Journal, IOL reports.

“The Covid-19 pandemic has given rise to a number of ethical and legal issues affecting the doctor-patient relationship, particularly in respect of doctor-patient confidentiality.”

When a patient needs to take the test, a clinician must take down their personal details and obtain a copy or photograph of their passport, driving license, or ID. In the incidence where patient tests positive the likely contacts information must also be obtained, the information is then sent to the Covid-19 tracing database.

Covid-19 tracing database can only disclose the information if they are authorised to do so and if the disclosure is necessary to address, prevent or combat the spread of Covid-19.

The current Covid-19 regulations require that a person who has tested positive or is suspected to have the virus can not refuse medical examination. This includes taking of bodily samples, isolating, or quarantine to prevent the spread.

McQuoid-Mason added that doctors must make it clear to the patients that other information from previous consultations not relevant to the Covid-19 preventive measures, or necessary to be disclosed in terms of any other law, will be kept confidential.

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