TY - JOUR AU - Grzelak, Daria PY - 2020/01/09 Y2 - 2024/03/28 TI - Does the silent is still considering as a gold? The new regulations about the medical professional confidentiality JF - Studia Iuridica Toruniensia JA - SIT VL - 24 IS - 0 SE - Studies and articles DO - 10.12775/SIT.2019.005 UR - https://apcz.umk.pl/SIT/article/view/SIT.2019.005 SP - 103-116 AB - <p>The basic rule of the medicine’ ethos is the obligation to keep medical confidentiality about the patient’ condition and methods of treatment. This kind of guarantee is an undeniable basis of the doctor-patient relationship and creates the trust between the patients and their specialists. In 2016, the medical environment attention was caught by an act of amending the mentioned regulations. On August the 5th, 2016, the amendments to the Code of Criminal Procedure, Act on the professions of doctor and dentist and the Act on Patients’ Rights and the Patient’s Rights Ombudsman were implemented in the legal order. The new regulations changed the circumstances and scope of medical confidentiality and released the doctor from the obligation to keep professional confidentiality after the patient’s death in set up situations. The new regulations not only limited the medical secret, but also introduced the publicity of criminal cases concerning medical errors. Although it seemed that the amendment of 2016 aroused enough doubts as to its legitimacy, the legislator decided to go a step further in the proposed changes. On May 8, 2018, during the session of the Polish government, an Extraordinary Subcommittee works were focused on examining the commission’s draft law on the further amendment of the above-mentioned acts. The subject of its deliberations was concerned about the next modification of the provisions on the physicians’ professional secrecy and have changed the modern practice, and the adopted changes have once again have changed the existing practice through the law of December 6, 2019, implemented to the legal order, on February 6, 2019, amending the Act on the professions of a doctor and dentist and some other acts.  </p> ER -