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Wig & Pen

Wig & Pen Judith Mair* This month I would like to cover an issue raised in cor­ 2. Breach of Contract: The relationship between a doc­ respondence in the December issue of this journal (Rust, tor and patient, or a hospital and patient, is one of 1988) regarding the now prevalent use of FAX machines contract. It can be argued that an implied term of the for transmitting written material quickly and relatively contract is that information given during the course of inexpensively from one location to another. There is no the contract is to be kept confidential. It follows that doubt that FAX machines are a worthwhile addition to divulging confidential information, in the absence of the technology available in business and in health care lawful excuse, could constitute a breach of contract facilities. The use of a FAX machine installed in a medi­ and a patient may be able to claim for economic loss if cal record department for transmitting discharge sum­ he or she lost a job, or some other financial benefit, as maries and other reports to other hospitals and clinicians a result of the disclosure. can result in elimating the costs involved in photocopy­ 3. Negligence: An http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Australian Medical Record Journal SAGE

Wig & Pen

Mair, Judith
Australian Medical Record Journal , Volume 19 (2): 3 – Jun 1, 1989
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Publisher
SAGE
Copyright
© 1989 Health Information Management Association of Australia Limited
ISSN
0817-3907
eISSN
1833-3575
DOI
10.1177/183335838901900210
Publisher site
See Article on Publisher Site

Abstract

Judith Mair* This month I would like to cover an issue raised in cor­ 2. Breach of Contract: The relationship between a doc­ respondence in the December issue of this journal (Rust, tor and patient, or a hospital and patient, is one of 1988) regarding the now prevalent use of FAX machines contract. It can be argued that an implied term of the for transmitting written material quickly and relatively contract is that information given during the course of inexpensively from one location to another. There is no the contract is to be kept confidential. It follows that doubt that FAX machines are a worthwhile addition to divulging confidential information, in the absence of the technology available in business and in health care lawful excuse, could constitute a breach of contract facilities. The use of a FAX machine installed in a medi­ and a patient may be able to claim for economic loss if cal record department for transmitting discharge sum­ he or she lost a job, or some other financial benefit, as maries and other reports to other hospitals and clinicians a result of the disclosure. can result in elimating the costs involved in photocopy­ 3. Negligence: An

Journal

Australian Medical Record Journal – SAGE

Published: Jun 1, 1989

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