The failure by a locum surgeon, who had hepatitis B, to supply details of his past employers could amount to an impairment to practise. The right to medical confidentiality was not absolute and had to be balanced against the public interest. Maintaining public safety (ie protecting against infection) could justify interference with this right. Also, an argument of failure by the panel to undergo a two-stage test failed. The court held that impairment is an elusive concept and a finding is dependent on the judgment of the panel. The High Court will rarely interfere with the exercise of judgment by the panel and did not do so in this case.

Sisir Saha v General Medical Council