Short Communication
Volume 11 Issue 2 - 2020
Professional Confidentiality and Medical Secret. The Real Situation
Leonor Duarte de Almeida1* and Pedro Gehl Braz2
1Ophthalmology Hospital dos Lusíadas, Portugal
2Resident Doctor, ARSLVT ACES Estuário Tejo USF Forte, Portugal
*Corresponding Author: Leonor Duarte de Almeida, Ophthalmology Hospital dos Lusíadas, Portugal.
Received: December 04, 2019; Published: January 04, 2020




Keywords: Medical Secret; Secrecy; Relativity in Some Cases

The progress of biomedical sciences and the growing number of health care specialists compel to a restructuring in the doctor-patient relationship. The undeniable advantages brought by science have raised doubts and concerns namely in the field of personal insurance and health. The classic conception of professional secrecy has been contested, towards the progressive changes suffered in society.

It is been talked today about the danger of doctors who work for insurance companies and to whom they are attached, and who may violate medical secrecy and reveal results of genetic testing analyzes (genetic predispositions), in such a way that once violated the right to confidentiality there may exist the chance of by abuse or negligence a third party accedes to this information of a strictly private competence [1]. Thus, the insurance companies may be tempted for economic reasons to take out advantage of the susceptible genes, for calculus of the respective awards or even refuse to conclude a contract [1]. The passiveness of the legal order before such phenomenon would determine the surrendering of the law before a new cult of inequality for which the invocation of secrecy to the medical confidentiality has all its legitimacy [1].

References

  1. Stela Barbas. “Out of the new insurance contracts. Law and justice”. Journal of the Portuguese Catholic University of the Law Faculty 26 (2000): 148-149, 156-157.
  2. Deontological Code of the Medical Doctor’s Association. 
  3. “Professional Confidentiality of Doctors - Duty and Limits Rosaldo Almeida”. Journal of the Medical Doctor’s Association (2007): 54-56. 
  4. www.pbnet.com.br/openline/gvfranca/artigo_20.htm-41k
  5. Penal Code (Decree-Law No. 400/82 of 23 September) - Article 142 - Termination of non-punishable pregnancy (Law No. 16/2007 of 17 April) – In case the pregnant woman is under 16 or psychically incapable, respectively and successively, as the case may be, the consent is rendered by the lawful, by an ancestor or descendant or in failure of those, by any collateral line relatives.
  6. Penal Code (Decree-Law No. 400/82 of 23 September) - Article 38 - Consent (Law no. 59/2007 of 4 September) - '3. Consent is effective only if it is provided by a person over 16 years of age and has the necessary judgment to assess its meaning and scope at the time it is provided.
  7. Parliament Resolution 1/2001 - [Oviedo] Convention for the Protection of Human Rights and the Dignity of Human Beings against the Applications of Biology and Medicine - Article 6 - 'Protection of persons who lack the ability to consent. The opinion of the minor is taken into account as an increasingly determining factor, depending on his age and degree of maturity. 
  8. OPINION No 30/2011 About the duty of professional secrecy in the care of the minors.
Citation: Leonor Duarte de Almeida and Pedro Gehl Braz. “Professional Confidentiality and Medical Secret. The Real Situation”. EC Ophthalmology 11.1 (2020): 01-13.

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