Breen v Williams

(1995) 6 Med LR 385

COURT OF APPEAL OF NEW SOUTH WALES

Kirby P, Mahoney JA, and Meagher JA

Medical records — Access by patient — Female patient involved in litigation against US manufacturer of silicone breast implants — By order of US District Court, patient required to elect whether to opt into US class action against manufacturer — Patient seeking access to information in files of Australian treating doctor — Doctor offered to provide summary report but declined access to files unless patient agreed to release him from any claim in relation to his treatment — Patient refused to agree to condition — Summons for declarations and orders dismissed by Equity Division of Supreme Court (Bryson J) — Appeal to Court of Appeal — Equity — Fiduciary duties — Medical practitioner and patient — Medical records — Whether fiduciary duty existed to provide patient involved in substantial litigation against manufacturer of breast implant with access to information in original medical records — Whether such access would be ordered upon basis of fiduciary obligation — Exclusion of records and information (a) created solely for benefit of practitioner's practice; (b) where disclosure would cause serious harm to physical or mental health of patient; and (c) where disclosure would found action for breach of confidence — Medical practitioner offered access on condition that patient executed release from personal liability — Consideration by Court of Appeal of whether breach of fiduciary duty was established