Journal article 1459 views
On the duty of the doctor not to disclose athlete doping data without consent
Richard Griffith,
Michael McNamee,
Nicola Phillips
International Journal of Sport Policy and Politics, Volume: 3, Issue: 2, Pages: 191 - 203
Swansea University Author: Richard Griffith
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Abstract
<p align="left">The manner in which doctors serve their athlete patients is guided by legal and professional governance. These refer to both the welfare of the patient and the obligations owed to them. Among these duties is the maintenance of confidentiality, which is at the heart of...
| Published in: | International Journal of Sport Policy and Politics |
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| ISSN: | 1940-6940 |
| Published: |
Routledge
2011
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| Online Access: |
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| URI: | https://cronfa.swan.ac.uk/Record/cronfa6798 |
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| Abstract: |
<p align="left">The manner in which doctors serve their athlete patients is guided by legal and professional governance. These refer to both the welfare of the patient and the obligations owed to them. Among these duties is the maintenance of confidentiality, which is at the heart of trustworthy doctor <span style="font-family: AdvTT5843c571+20; font-size: xx-small;"><span style="font-family: AdvTT5843c571+20; font-size: xx-small;">– </span></span><span style="font-family: AdvTT5843c571; font-size: xx-small;">patient relationships. The 2009 version of the World Anti-Doping </span>Code (WADC) obliges all health-care professionals not to assist athletes who are known to be engaged in doping behaviours lest they commit a doping offence themselves under the auspices of theWADC. Such an offence would make the doctor liable to be their being forbidden from working with athletes from their respective sports by the governing national or international federation. Given their duty of care, both legal and professional, there may arise circumstances when serving the best interests of their athlete patients appear to oblige doctors to give advice and guidance, not least in terms of harm minimization. To give such advice, according to WADC, is to commit a doping offence. Thus, insofar as the doctor<span style="font-family: AdvTT5843c571+20; font-size: xx-small;"><span style="font-family: AdvTT5843c571+20; font-size: xx-small;">’</span></span><span style="font-family: AdvTT5843c571; font-size: xx-small;"><span style="font-family: AdvTT5843c571; font-size: xx-small;">s conduct is guided by both professional and legal codes </span></span><span style="font-family: AdvTTf90d833a.I; font-size: xx-small;">and </span>the WADC, they are <span style="font-family: AdvTT5843c571+20; font-size: xx-small;"><span style="font-family: AdvTT5843c571+20; font-size: xx-small;">– </span></span><span style="font-family: AdvTT5843c571; font-size: xx-small;">notwithstanding the possibility of highly unusual and unlikely </span>scenarios that we draw attention to <span style="font-family: AdvTT5843c571+20; font-size: xx-small;"><span style="font-family: AdvTT5843c571+20; font-size: xx-small;">– </span></span><span style="font-family: AdvTT5843c571; font-size: xx-small;">obliged to fall foul of one or the other in such a </span>scenario.</p><p align="left"> </p> |
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| Keywords: |
confidentiality; disclosure; doping; ethics; medical ethics |
| College: |
Faculty of Medicine, Health and Life Sciences |
| Issue: |
2 |
| Start Page: |
191 |
| End Page: |
203 |