Medycyna Ogólna i Nauki o Zdrowiu (Aug 2022)
A patient as perpetrator of an illegal offence. Doctor's legal obligations and limits of medical confidentiality
Abstract
Introduction and objective Providing health care to a patient-perpetrator of an illegal offence may raise doubts concerning behaviour required by law. The legislator has provided special protection for a patient who, being the recipient of a medical service, entrusts the physician with information indicating that the patient may be the perpetrator of an illegal offence. Undoubtedly, trust is an extremely important aspect of a doctor‘s work, therefore, legal regulations that strengthen trust in the doctor-patient relationship deserve special attention. The aim of this article is to improve the legal awareness of the medical staff. Review methods The review of the current legal regulations, judicial decision making, and legal literature was performed using the Polish Legal Information System „LEX“. Brief description of the state of knowledge The scope of problems concerning patient‘s rights and the obligations of a doctor, in the case of treating a patient who is a potential perpetrator of an illegal offence, is regulated by numerous legal acts, including: Act of November 6, 2008 on the rights of patients and the Patient‘s Rights Ombudsman, and the Act of 5 December 1996 on professions of doctor and dentist. Attention should also be paid to the views of representatives of the legal doctrine, recognized legal authorities and scientists in the field of legal sciences. Furthermore, the judgments of the courts on the subject matter are also an important hint regarding the interpretation of the legal regulations. Summary While treating a patient who is a potential perpetrator of an illegal offence it is important for the doctor to remember about his/her statutory duties, in particular the order to remain silent in certain situations. In such a situation it is very important to remember that even the criminal court cannot release the doctor from the obligation of confidentiality.
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