Written answers

Wednesday, 13 February 2019

Department of Health

Mental Health Services

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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149. To ask the Minister for Health the way in which a person can access information (details supplied); and if he will make a statement on the matter. [7375/19]

Photo of Jim DalyJim Daly (Cork South West, Fine Gael)
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Clinicians in all specialties engage regularly with family members about the treatment of patients in their care. In the case of patients in psychiatric facilities, the Mental Health Commission encourage the active involvement, from admission to discharge, of a resident and his/her family/carer or chosen advocate, where appropriate including the provision of adequate information.

In addition, the Expert Group Review of the Mental Health Act 2001 in its 2015 Report recommended that there should be greater ‘proactive encouragement for the patient at all stages to involve his/her family/carer and/or chosen advocate in the admission process and in the development of the care and treatment plan.

However, it is important to point out that clinicians can only discuss details of a patient’s condition and treatment with family members where the patient has specifically consented to the sharing of such information.

Where consent is concerned, psychiatric care is treated no differently to any other medical speciality. Whatever condition a patient suffers from, it is entirely a matter for the patient as to what his/her Doctor can disclose to family members. The safeguarding of patient confidentiality is a fundamental principle of medical ethics which dates back to the Hippocratic Oath. Confidentiality is both a patient’s right and a doctor’s duty.

Having said that, notwithstanding the fact that Doctors have a responsibility to protect their patient, there are circumstances where it may be necessary to disclose information about a patient where they are at serious risk of harm to themselves or others and this includes, for example, where a child or elderly person is at risk of violence or abuse. Medical Council guidelines specifically allow for this to happen and that course of action has always been available to Doctors.

In the case outlined by the Deputy, the person in question can ask the treating clinician if the patient has refused consent to share treatment. If still dissatisfied with the clinician’s answer, the person can raise the matter with the hospital manager or the complaints officer in the hospital.

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