Abstract

FERNANDEZ MUNOZ, Mónica Lucía. PATIENT PROTECTION FACING THE DUTIES OF INFORMATION AND OF MEDICAL PROFESIONAL SECRECY. Prolegómenos [online]. 2015, vol.18, n.35, pp.153-168. ISSN 0121-182X.  https://doi.org/10.18359/dere.816.

The rules of code of professional practice gained a preponderant place in the assessment of medical benefit, due to the need to incorporate non-commercial criteria in such assessment and avoid the dehumanization of medicine. Such rules enshrine certain duties whose failure may compromise the civil, criminal and disciplinary liability of physicians; some of these constitute what has been called medical guilt in a deontological way, for contravening duties that make up the medical humanism: the breach of the duty to inform and of the duty of professional secrecy are some of them. Therefore, the purpose of this article is to highlight the content and scope of these obligations, from some reflections that are supported by the Spanish, French and Italian Law.

Keywords : Information; professional secrecy; confidentiality; patient; physician; duty; obligation; medical liability.

        · abstract in Spanish | Portuguese     · text in Spanish     · Spanish ( pdf )