PROTECŢIA JURIDICO-PENALĂ A SECRETULUI MEDICAL

Lilia GÎRLA Catedra Drept Penal şi Criminologie

Rezumat

This article is dedicated to the most disputable question of confidentiality and intimacy of the patient during the medical treatment and investigation. Confidentiality exists when a patient will not want the information to be known to others, and may be a time when the patient is vulnerable to suggestion and pressure. For a moral duty to arise for the doctor there needs to be a promise to keep the matter secret and the matter must in fact be a secret. A great deal of legal issues was submitted to analyze. So, we have determined that all medical information about a patient must be kept confidential, even after death. Information can only be disclosed if the patient gives explicit consent, or if the law specifically provides. All identifiable patient data must be protected. Patients have the right of access to their medical files and so forth which pertain to diagnosis, treatment and care. There is a general acknowledgement that the obligation as a matter of law needs to be strict. Also, in order to justify the existence of medical confidences, we need a legal reform in Republic of Moldova which will provide the criminal liability for the disclosure of medical secret.