Medical Secret (Врачебная тайна)
Journal Title: Медичне право - Year 2017, Vol 1, Issue 1
Abstract
Right to confidentiality is one of the inalienable patient’s rights. Preserving medical secret shall be considered as not merely a fulfillment of a professional duty by a medical professional but as also as his moral and ethical attitude towards a patient. All information about the patient, his diseases, and methods of treatment is confidential and cannot be a subject of a discussion except for the cases when it is necessary for professional necessity. With the view of the importance of preserving medical secret the laws foresee the responsibility for the disclosure of such information. At first sight the issues related to disclosure of medical secret have its legal framework. Despite this, we consider that there are still some debatable issues, which need to be discussed and researched in detail as well as additional regulation by the laws is necessary. For example who of the patient’s family members can be informed about the diagnosis, treatment of the patient etc. On the one hand the legislation does not foresee the list of persons, providing information to who should be considered lawful. In reality these are the parents of underage patients, husband (wife), brothers, sisters, grandmothers and grandfathers of a patient. Another problem is the interaction between the police workers and medical professionals, who work in the health care sector in terms of identification of persons who are alcohol or narcotic drugs addicted. It is impossible to get access to the list of such persons. Medical professionals refer to medical secret. And it causes difficulties for the police workers, who conduct the crime prevention activity. If we apply a literal interpretation of the relevant laws, then providing such information is unlawful. But at the same time the existing situation leaves the discussion concerning the improvement of the laws in this sphere open.
Authors and Affiliations
Almira Zhapparova
Keywords
Related Articles
- EP ID EP429291
- DOI 10.25040/medicallaw2017.01.020
- Views 94
- Downloads 0
Цивільні правовідносини у сфері проведення медичних дослідів (Civil-Legal Relations in the Sphere of Carrying out Medical Experiments)
The definition of a notion and categorical apparatus was suggested, in particular, “medical clinical experiment”, “medical non-clinical experiment”, “civil-legal relations in the sphere of carrying out medical experiment...
Предиктивна медицина: право на конфіденційність і захист від (Predictive Medicine: Right to Confidentiality and Protection Against Discrimination)
This article is devoted to questions of protecting the right to confidentiality in the implementation of predictive medicine. The article deals with the consolidation of this right at the national and international leve...
THE CONCEPT OF E-HEALTH IN UKRAINE: LEGAL ISSUES AND IMPLEMENTATION PROSPECTS (E-здоров'я в Україні: правові питання та перспективи впровадження)
This article deals with the concept of such new phenomenon at health care sphere, as E-health, revealing the essence and importance of this concept. The author considers its correlation with the category of telemedicine...
LEGAL CUSTOM AS SOURCE OF LAW AND RELATIONS IN THE FIELD OF MEDICAL AID PROVISION REGULATOR
The clarification of the role of the legal custom in the regulation of legal relations in the field of medical care not only makes it possible to investigate the significance of the legal custom for regulating this type...
Deffects of Medical Care Provision: Notions and Types (Дефекти надання медичної допомоги: поняття та види)
The definitions of the terms concerning the defects of medical care provision were suggested. The difference between the accident, medical error and professional crime was described, the main specific features of each of...