I'm researching a biography of a surgeon. A good part of the story involves patient stories. Can anyone offer advice on where I can get definitive guidelines on what can and what cannot be included, particularly on issues of patient confidentiality, laws of privacy and avoiding risks of libel?
I have spoken to the agent of another author who wrote about a doctor, but the agent was understandably cagey about divulging anything that could return to bite him on the backside. I've also spoken to the BMA, who weren't able to advise.
Many thanks in advance!
Can I add to Kate's excellent comment?
I have a friend who was assured by a writer that he would change all his personal details in such a way that nobody would recognise him. (Not a medical work, but non-fiction, and my friend was involved in practices on the shady side of the law [that shouldn't be - and the writer shared this POV - but the Law is an ass].)
So one day my friend walked into a bar and a woman who'd never met him before said: "You're So-and-so out of such and such a book, aren't you?"
Of course, in that case, the writer was either lying... or had a rotten capacity for disguise: all of our friends who've read the book immediately knew who was being written about, even though the shady practices were changed into other shady practices... But a total stranger recognised him!
Try the GMC website; there is a lot of information that is available to the public.
I think a basic rule of thumb is that if an individual can be identified, then you would need that person's permission to write about them; it's not enough just to change a name, if it's still possible for friends and family to read the book and think, "Ooh, that Uncle Tony." There's an implicit contract with medical professionals that what a patient tells them remains confidential, even after that patient's death.