CONFIDENTIALITY AND PUBLIC HEALTH: AN EXAMINATION OF LEGAL AND ETHICAL FRAMEWORKS GOVERNING DOCTOR’S DUTY TO DISCLOSE SERIOUS HEALTH CONDITIONS IN NIGERIA

Abstract

Many Nigerians are unaware of their rights regarding medical confidentiality, and even when aware, they often face obstacles such as poverty, fear of the unknown, and the perception that legal action will not rectify the situation but should be left to divine will. Hence, there should be a balance between a doctor's duty to keep patient information confidential and the need to protect public health in Nigeria, thereby examining the legal and ethical rules that guide doctors on when they can share a patient’s sensitive health information with relevant authorities, particularly in cases where patients have contagious diseases that may pose a serious threat to the community. The research employs the doctrinal method with primary and secondary sources. Primary sources include case law, statutes, treaties, national law, among others, while secondary sources include books, journals, research materials, and newspapers. The research identifies the limited number of medical confidentiality lawsuits in Nigeria and emphasizes the need for proactive measures to address this issue. Recommendations include collaborative efforts by the Nigerian Medical Council and the government to educate the public on their rights regarding medical confidentiality, courts imposing penalties on violators to deter future breaches. Additionally, hospital managements should organize training courses on legal responsibilities for medical practitioners and ensure the provision of necessary facilities for effective service delivery. This research aims to provide valuable insights for healthcare providers, policymakers, legal experts, and the public on protecting patient privacy while safeguarding public health.