Ferguson, A.H. (2006) The lasting legacy of a bigamous duchess: the benchmark precedent for medical confidentiality. Social History of Medicine, 19(1), pp. 37-53. (doi: 10.1093/shm/hkj002) (PMID:17153159)
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Abstract
For all that is currently written on the subject of medical ethics, comparatively little comes from a historical perspective. This article provides socio-historical background on the case that set the boundaries of modern- day definitions of medical confidentiality: the trial of the Duchess of Kingston in 1776. By looking beyond Lord Mansfield's key ruling on confidentiality to the context in which it was made, the paper claims that the precedent did not rest on a debate of the central principles involved. Rather, professional privilege was used by a high-ranking surgeon as a means of maintaining reputation and status when forced to make a public breach of confidentiality.
| Item Type: | Articles |
|---|---|
| Keywords: | medical ethics, confidentiality, secrecy, privilege, Duchess of Kingston, honour, legal precedent, medical witness |
| Status: | Published |
| Refereed: | Yes |
| Glasgow Author(s) Enlighten ID: | Ferguson, Dr Angus |
| Authors: | Ferguson, A.H. |
| Subjects: | H Social Sciences > HQ The family. Marriage. Woman D History General and Old World > DA Great Britain B Philosophy. Psychology. Religion > BJ Ethics R Medicine > RA Public aspects of medicine |
| College/School: | College of Social Sciences > School of Social and Political Sciences > Economic and Social History |
| Journal Name: | Social History of Medicine |
| Publisher: | Oxford University Press |
| ISSN: | 0951-631X |
| ISSN (Online): | 1477-4666 |
| Published Online: | 20 February 2006 |
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