201 / 328
be published in the current issue of the Association's
Journal.
" It is a breach of professional privilege for a
doctor to disclose to an insurance company informa
tion concerning a patient obtained as a result of
a patient and doctor relationship. The prohibition
against disclosing such information clearly applies
to any practitioner on the staff of a local authority
or other public or private hospital who obtains
information concerning a patient in the hospital
either by casual observation or in the course of
treatment of the patient by virtue of his position on
the hospital staff, just as it applies to a doctor who
is engaged specifically by the patient to make an
examination and report for that patient's use.
" Where a doctor conducts an examination of an
injured person on behalf of an insurance company
for the benefit of the company and discloses to the
patient or his advisers that he is acting in the
interests of the insurance company different con
siderations naturally apply. In cases not within the
Workmen's Compensation Act the patient's medical
adviser will be present at the examination.
In
examinations under section 33 of the Workmen's
Compensation Act, 1934, where the patient attends
without his medical adviser the following is a
statement of what the Association regard as the
proper professional practice—(i)
the duty of a
medical practitioner who is instructed by an employer
or an insurance company under section 33 of the
Workmen's Compensation Act, 1934, is to ascertain
the medical condition and state of health of the
workman, (z) the medical practitioner should not
accept
instructions
from
the employer or
the
insurance company which would oblige him to
exceed his professional duty under head
(i).
(3) Questions put to the workman in the course of
the medical examination are in the discretion of the
medical practitioner but should be restricted to the
workman's physical condition and state of health
except inasmuch as it may be necessary to ascertain
the surrounding circumstances and background for
the purpose of forming an opinion on his medical
condition and state of health. (4) Irrespective of any
questions put to the workman in the course of the
examination any written or oral report by a medical
practitioner to the employer or insurance company
should be restricted to the medical issues and any
information on the issue of legal liability ascertained
in the course of the examination should not be
disclosed."
HOTEL PROPRIETORS BILL, 1962
The Minister for Justice, Mr. Haughey, speaking
in Bail fiireann on the second stage of the Hotel
Proprietors Bill, 1962, said :
" Before I conclude, I should like to express my
appreciation of the assistance afforded to me in
connection with the preparation of the Bill by the
Council of the Incorporated Law Society who
submitted an excellent memorandum dealing with
the existing law and making suggestions as to the
manner in which it should be amended." (Dail
Debate, 6th December, 1962.)
The memorandum on the Bill was drafted for the
Council by Mr. Brendan A. McGrath of Dublin and
Mr. T. V. O'Connor of Swinford.
SEMINAR
IN AMERICAN
STUDIES
LAW SESSION JULY 14th TO AUGUST
10th, 1963
The above will be held at Salzburg and the lectures
in the various topics, followed by questions and
discussions, will be designed to present an intro
duction to American legal institutions and lay a
foundation for the more specialised work of the
seminars. Members wishing to enrol should contact
Mr. Harry W. Day, Directory, Salzburg Seminar in
American Studies, Schloss Leopoldskron, Salzburg,
Austria.
Seminars, meeting three times a week in small
groups of approximately twelve will explore a
specialised area through the study and discussion of
legal materials, such as court opinions. Each person
enrolling will be included in a seminar for one or
other of the various topics set out below :
1. Contracts problems
in
international
trans
actions.
2. Anti-trust law.
3. Criminal law and procedure.
4. Problems in constitutional law.
5. The decisional process in judicial administra
tion.
ROAD TRAFFIC ACT, 1961
During the debates in the Dail on the enactment
of the Road Traffic Act, 1961, the Minister for Local
Government undertook that he would have pub
lished annually a statement as to the orders, regu
lations, bye-laws and rules made thereunder and in
force for the time being.
The first of such
statements has been received by the Society from
the Department and it covers the position as at
ist March, 1963, including statutory instruments
made before ist March and due to come into force
shortly after that date. The booklet contains a list
of the sections of the Road Traffic Act, 1961
currently in force together with particulars of
repeals and amendments, a list of all orders made
under the Act and still in force, orders made under
the Act and since revoked, particulars of the
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