Therapeutic Privilege And Exceptions To Confidentiality In Medical Practice

Full Text Link

Yuvashree NV, The Tamilnadu Dr. Ambedkar Law University

ABSTRACT

Therapeutic privilege and confidentiality are core tenets of medical ethics that shape interactions between clinicians and patients. Confidentiality safeguards a patient’s personal and health information, while therapeutic privilege permits a physician, in exceptional cases, to withhold particular details when disclosure is likely to inflict substantial psychological or physical harm. Both concepts aim to protect patient welfare, yet they often generate ethical tensions in clinical settings. This article examines the notion of therapeutic privilege, its ethical limits, and its proper role in contemporary healthcare. It also reviews principal exceptions to confidentiality that allow or mandate disclosure of patient information in circumstances such as risks to public safety, statutory reporting duties, or the protection of at-risk persons. A firm grasp of these ideas is crucial for ethical decision-making, preserving trust in the clinician–patient relationship, and balancing respect for patient autonomy with professional obligations.

Keywords: Therapeutic privilege; confidentiality; medical ethics; informed consent; patient autonomy; non-maleficence; disclosure; exceptions to confidentiality; legal reporting duties; public health; doctor–patient relationship; ethical obligations; medical decision-making.

THERAPEUTIC PRIVILEGE AND EXCEPTIONS TO CONFIDENTIALITY IN MEDICAL PRACTICE.pdf

Download PDF • 269KB