المسؤولية المدنية عن افشاء السر الطبي

عزيز الله فهيمي, الدكتور; هادي خضير عبد الساده, حوراء

doi:10.63677/jqlap.2021.180368

	المسؤولية المدنية عن افشاء السر الطبي
AL-Qadisiya Journal For Law and Political Sciences
Volume 12, المؤتمر العلمي الدولي الافتراضي الاول لطلبة الدراسات العليا في كليات القانون, April 2021, Pages 374-402 PDF (1.42 M)
DOI: 10.63677/jqlap.2021.180368
Authors
الدكتور عزيز الله فهيمي; حوراء هادي خضير عبد الساده
AL-Qadisiya Journal
Abstract
The medical secret is closely related to private life, as it represents an aspect of personal freedom. Concealment of a medical secret is a duty imposed by the beginning of the rules of religion and its assumptions, the rules of morality and the principles of honor and honesty, and people have been accustomed since ancient times to work according to these rules in the conduct of their business, and most of these rules are of an ethical nature And on the basis of every professional activity related to the so-called ethics of the profession, and among these professions we find the medical profession, which is considered a human profession, and it is considered one of the difficult professions due to direct contact between the doctor and the patient, and therefore they must conceal the patient’s secret, because it is one of the personal rights of the latter, and therefore this Disclosure entails a responsibility within the scope of civil law that falls on the shoulders of the trustee of the secret, and this responsibility must have a legal basis, as the responsibility does not come from the void of this basis. Civil jurisprudence is divided in it, as we will see on two points. First, he said that the civil liability of the doctor is based on the existence of an agreement that elevates To the level of the contract between the doctor and his patient, and therefore the breach of this agreement leads to the rise of responsibility for the two decades, while the second trend was directed in another direction, which is that the doctor’s responsibility is not to disclose - The secret of his patients is based on a legal obligation given by the rules of public order and therefore it is an absolute obligation that cannot be agreed upon otherwise, and this implies that in the event that the medical secret is disclosed by the doctor or whoever is authorized to keep the medical secret, he shall be responsible for default and in all cases, this Liability has implications that are embodied in the advancement of the civil liability lawsuit, and the latter will bear compensation
Keywords
Civil liability; medical secret; civil action

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