Maintaining Patient Confidentiality in Emergency Departments: Challenges and Suggestions

Abstract

Doctor-patient confidentiality has long been established as a legal and ethical obligation imposed on all doctors and other medical practitioners. This duty, derived from various ethical guidelines, statutes, and English common
law, has also been adopted by the Malaysian courts. In essence, it requires medical practitioners to protect patients’ confidential information from unauthorised disclosure to other parties. While maintaining patients’ confidentiality in other clinical settings may be reasonably achieved, the task may be more arduous in an Accident & Emergency department. The unique situation of an Accident & Emergencxy department such as overcrowding,
limited space, and demands from patients’ family and friends may pose some hurdles for healthcare practitioners in fulfilling this duty. This paper addresses the overarching issue by first establishing the legal and ethical basis for doctor-patient confidentiality in Malaysia. The challenges of preserving patient confidentiality in Accident & Emergency departments are then analysed, along with whether any exceptions provided by law or guidelines can be applied in these situations. Finally, this paper concludes by providing recommendations and tips for doctors and other healthcare workers in Accident & Emergency departments to ensure that patient confidentiality is not violated.