What are the confidentiality provisions an expert has to adhere to? Is it possible to discuss a case with another colleague when preparing an expert opinion?
It is an offence to improperly disclose any information relating to a complaint. As an expert engaged by the Commission, you have to adhere to the confidentiality standards set out in section 99A of the Health Care Complaints Act 1993, which require all information relating to individual complaints to be strictly confidential and not to be disclosed to any third party, unless all parties have consented to the disclosure. In some circumstances you may discuss the matter with a colleague in a generalised, de-identified and hypothetical way. If you do have such a discussion, you should disclose this in your expert report. Please check with the Commission’s officer if you are unsure.
