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- Medical secrecy is recognized in penal and civil procedures. According to Article 261.2 of Code on Civil Procedure, as a witness at the civil courtthe physician has to invoke the medical secret and refuse to give protected information. The obligation to keep information confidential can be lifted by the Court. According to 180.2 of Code of Penal Procedure, during the examination of the physician, medical secret can be lifted only when it is justified by the common interest, and there is no other possibility to obtain information in any way.
- A physician has the
duty to maintain confidential any information related to the patient and obtained
while performing his/her profession.
- Confidentiality refers to all facts and information connected with the
patient's treatment and person as well as to data which do not have any such
connections. It includes both the physician's utterances, as welI as various
documents and written materials (for instance, his case history, discharge cards on
hospital treatment, medical files, test results, notes, data introduced into computers)
which shall be particularly protected, properly maintained and unavailable to unconcerned
people.
- The confidentiality shall be maintained towards everybody, medical or
administrative staff not participating in the patient's treatment process included. The duty to maintain confidentiality does not expire in the case of the patient's death. However, the physician has the right to inform the
closest family of the disease and the reason for the patient's death, unless the latter
has distinctly forbidden it. Without the patient's consent, a physician cannot reveal
to his family members any information unless the interest of the sick person requires
it, but not when the information may be used against him (for instance in a
divorce case).
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