The legal nature of the obligation of medical secrecy | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Volume 13, Issue: 2 part 2, December 2023, Pages 1216-1234 PDF (653.94 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2023.144486.1108 | ||
| Authors | ||
| Mohammed Sabit Shareeb* 1; Seyyed Mehdi Mirdadshi kary2 | ||
| 1A university that conducts legal rights, private law department | ||
| 2Qom State University, Faculty of Law, Department of Private Law | ||
| Abstract | ||
| The physician's obligation to keep the secrets of his profession has been known since ancient times. It began as a customary, moral, and religious obligation and then became a legal obligation. This is because public modesty is harmed by disclosure, in addition to the damage caused to the public interest and the private interest, “the interest of the holder of the secret, and the “interest of the profession” when individuals refrain from disclosing it. themselves on doctors. Keeping secrets is one of the well-known rights of the patient, and the secret that affects the interests of the contracting party is the basis from which the idea of the obligation of confidentiality emerged. The commitment to professional confidentiality is considered a means of protecting secrets between the two parties to the contract, as they exchange according to the contract information that is completely confidential and has an impact on The interest of the patient, which necessitates not disclosing this information and working to keep it secret, which creates a contractual obligation of confidentiality on the part of the contractor who, by virtue of his medical work, has access to this information, as the continuation of this information circulating between the parties to the contract without providing protection for it threatens the interest of the contractor, which affects On the interest of society and the loss of trust between people in dealing with each other. | ||
| Keywords | ||
| Medical secret; ،doctor’s commitment; ؛; ،disclosure of secret | ||
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