Study of the knowledge of medical secrecy and the rationale for exempting a doctor from medical secrecy by the court - research article

Abstract

Introduction: medical confidentiality is one of the basic rights of the patient and plays a key role in ensuring trust between doctor and patient. However, in a criminal trial, where there is a conflict between the protection of the patient's rights and the need for proper sentencing by the criminal court, the doctor may be exempted from medical confidentiality.

The aim of the study: was to illustrate the respondents' level of knowledge about medical confidentiality. The intention was also to find out the opinion of the respondents as to whether the court should have the right to exempt a doctor from medical secrecy and how often such a situation was encountered.

Material and method: A questionnaire of our own authorship was used. 223 people were surveyed. A comparison of answers to questions between subgroups was made. It was based on current criminal literature and court decisions.

Results: well acquainted with the subject is only 30%, and mostly those with medical or legal education. Nearly ¾ of the respondents believe that in exceptional situations the court should have the right to exempt a doctor from the obligation of medical secrecy.

Conclusions: as a result of the fact that almost 90% of those surveyed believe that most people are unaware of the rationale for exempting a doctor from the obligation of medical secrecy, this topic should be popularized in society. It must be emphasized that balancing the protection of professional secrecy with the needs of justice is a challenge that requires a comprehensive legal analysis in each case.