Breen v Williams

Case [1996] HCA 57


HIGH COURT OF AUSTRALIA

BRENNAN CJ, DAWSON, TOOHEY, GAUDRON, McHUGH AND GUMMOW JJ

JULIE BREEN v CHOLMONDELEY W WILLIAMS

(1996) 186 CLR 71

6 September 1996

Medicine—Doctor/patient relationship—Medical records—Patient's right to access—Contractual right—Doctor's duty to act in patient's 'best interests' with utmost good faith and loyalty—Patient's proprietary right or interest in information contained in records—Whether doctor under fiduciary duty to grant access—'Right to know'.

Headnote


Hearing


CANBERRA, 21 November 1995
#DATE 6:9:1996, CANBERRA



Counsel for the Appellant P K Cashman with V Culkoff


Solicitors for the Appellant Cashman and Partners


Counsel for the Respondent A R Emmett QC with
J P A Durack



Solicitors for the Respondent E H Pike

Orders


Appeal dismissed with costs.
Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

Decisions


BRENNAN CJ. The circumstances which give rise to the issues in this appeal are set out in other judgments. The appellant, who has been a patient of the respondent medical practitioner, claims a legal right to reasonable access to the records kept by the respondent with respect to the appellant and a right to inspect and/or copy those records. Subject to certain admitted exceptions, the appellant submits that that right is enforceable by declaration and injunction. The right is submitted to be based variously on contract, property and fiduciary duty. In my view, none of these bases gives any support to the appellant's claim. I state my reasons.


Contract
2. In the present case, there was no formal contract between the appellant and the respondent. No more appears than that the appellant consulted the respondent as a medical practitioner and he provided medical services accordingly.


3. In the absence of special contract between a doctor and a patient, the doctor undertakes by the contract between them to advise and treat the patient with reasonable skill and care. The consideration for the undertaking may be either a payment, or promise of payment, of reward or submission by the patient, or an undertaking by the patient to submit, to the treatment proposed. A duty, similar to the duty binding on the doctor by contract, is imposed on the doctor by the law of torts. The advice and treatment required to fulfil either duty depends on the history and condition of the patient, the facilities available and all the other circumstances of the case.


4. The provision of advice and treatment with reasonable skill and care may not exhaust the duty of the doctor. Unless the contract between doctor and patient is especially restricted, the doctor's obligation is to maintain or improve the health of the patient generally and to use reasonable skill and care in doing so, even though the advice or treatment required on a particular occasion is in a specialist field or is to be provided only on that occasion or for a limited time. The patient may be thought of as made of many parts some one of which may need…

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Details
AGLC
Breen v Williams [1996] HCA 57
Case
[1996] HCA 57
Decision Date

CaseChat Overview and Summary

The High Court of Australia considered an appeal by Mr. Breen against Dr. Williams concerning Mr. Breen's access to his medical records. Mr. Breen sought access to these records, which were held by Dr. Williams, a medical practitioner. The dispute centred on whether Mr. Breen had a legal right to obtain these records.

The central legal issues before the High Court were whether a patient possesses a proprietary right in the information contained within their medical records, whether a doctor owes a fiduciary duty to a patient to grant access to those records, and whether a doctor's duty to act in a patient's best interests, with utmost good faith and loyalty, extends to providing access to their medical records. The Court also considered the concept of a patient's "right to know" in this context.

The High Court, by majority, dismissed Mr. Breen's appeal. The Court reasoned that while a doctor has a duty to act in a patient's best interests, this duty does not create a proprietary right for the patient in the information within the medical records, nor does it impose a fiduciary duty on the doctor to grant access. The Court found that the relationship between doctor and patient, while involving trust and good faith, does not give rise to a fiduciary duty in the sense that would compel a doctor to provide access to the records. The appeal was dismissed with costs.

Orders

Orders of the court

Appeal dismissed with costs.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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