Protection of Patient Confidentiality from a Civil Law Perspective Cover Image

Ochrona poufności pacjenta z perspektywy prawa cywilnego
Protection of Patient Confidentiality from a Civil Law Perspective

Author(s): Beata Janiszewska
Subject(s): Social Sciences, Law, Constitution, Jurisprudence, Civil Law, Sociology, Health and medicine and law
Published by: Temida 2
Keywords: patient; confidentiality; patient rights; medical confidentiality; right to privacy; non-pecuniary loss compensation; pacjent; poufność; prawa pacjenta; tajemnica medyczna; prawo do prywatności

Summary/Abstract: The paper analyses the issue of protection of patient confidentiality by means of civil law instruments. Protection of the patient’s interests related to the preservation of medical information beyond the access of unauthorized persons can be realized primarily through the protection of the patient’s right to medical secrecy and the protection of human personal interests in the form of the right to privacy. The study presents the issue of the violation of the patient’s confidentiality and the claims to be made in connection with such violation. A wider reflection is devoted to the issue of a claim for compensation for damage resulting from the violation of the patient’s rights and the infringement of his/her personal rights, as well as the effects of the co-occurring of these claims, both in the material and procedural perspectives.

  • Issue Year: 2/2020
  • Issue No: 25
  • Page Range: 11-29
  • Page Count: 19
  • Language: Polish