COVID-19 Pandemic and Patient Confidentiality in Malaysia

Haniwarda Yaakob

《Southeast Asian Social Science Review》 Special Issue (2021/07) Pp. 84-103

https://doi.org/10.29945/SEASSR.202107/SP.0004

摘要

COVID-19 pandemic that has affected the world including Malaysia leaves numerous issues concerning doctor-patient relationship. In the battle to treat affected patients and protect the public at large, doctors and healthcare personnel are confronted with several ethical dilemmas. These predicaments faced by doctors include their obligation to maintain patient confidentiality according to the established legal and ethical standard, but in an unprecedented situation. Nonetheless, maintaining patient's confidentiality appears to be challenging during this pandemic and often seems to be breached as names of patients affected and their whereabouts are seen to be widely circulated in the social media. This situation invites the question of whether doctors are legally and ethically permitted to disclose COVID-19 patient's identity on the grounds of protecting public interest and third parties. In discussing this issue, the basic ethical theory of individual autonomy is briefly discussed and weighed against the interest of public and others. The legal and ethical position on doctor-patient confidentiality rule and its exceptions are then established. In conclusion, it is argued that protecting public interest and others does not necessarily mean that patient's autonomy in maintaining confidentiality should be entirely compromised. Nonetheless, patient's autonomy in this context is not without limits as evident by the laws and guidelines passed in Malaysia which are defendable on the basis of the State's duty to protect society.

關鍵字

Medical law and ethics ； doctor-patient confidentiality ； autonomy ； public interest ； COVID-19 pandemic