Legal consequences of the patient’s objection expressed during his lifetime or close relatives disputing the disclosure of professional confidentiality of a doctor and physiotherapist after the patient’s death Cover Image

Skutki prawne wyrażonego za życia sprzeciwu pacjenta lub sporu osób bliskich w przedmiocie ujawnienia tajemnicy zawodowej lekarza i fizjoterapeuty po śmierci pacjenta
Legal consequences of the patient’s objection expressed during his lifetime or close relatives disputing the disclosure of professional confidentiality of a doctor and physiotherapist after the patient’s death

Author(s): Michał Sułkowski, Katarzyna Bargiel
Subject(s): Health and medicine and law
Published by: Wydawnictwo Uniwersytetu Jagiellońskiego
Keywords: professional confidentiality; physician; physiotherapist; patient’s death;

Summary/Abstract: The professional secrecy of a doctor and a physiotherapist is a guaranteed confidentiality in the relationship with the patient. After the patient’s death, professional secrecy is a proof of respect for their privacy. Professional secrecy is regulated by the Act on Patient Rights as well as legal acts regarding the relevant medical professions, and supervised by the Patient’s Rights Ombudsman. After the patient’s death, close relatives become the holders of his medical information. A relative has the right to release a healthcare worker from the professional secrecy and define the exact scope of its disclosure. A dispute occurs when close relatives disagree or their opinion differs from that of the patient. In such a case, disputes are resolved by a civil court.

  • Issue Year: 38/2023
  • Issue No: 2
  • Page Range: 57-70
  • Page Count: 14
  • Language: Polish