(XV) PROFESSIONAL SECRECY (Confidentiality)

Examples:

1. A doctor should not discuss the illness of his patient with others without the consent of the patient.
2. If the patient is a major, the doctor should not disclose any facts about the illness without his consent to parents or relatives even though they may be paying the doctor's fees. In the case of a minor or an insane person, guardians or parents should be informed of the nature of the illness.
3. A doctor should not answer any enquiry by third parties, even when enquired by near relatives of the patient, either with regard to the nature of the illness or with regard to any subsequent effect of such illness on the patient, without the consent of the patient.
4. A doctor should not disclose any information about the illness of his patient, without the consent of the patient, even when requested by a public or statutory body, except in case of notifiable diseases.
5. Even in the case of husband and wife, the facts relating to the nature of illness of the one must not be disclosed to the other, without the consent of the concerned person.
6. In divorce and nullity cases, no information should be given without getting the consent of the person concerned.
7. Medical Officers in Government service are also bound by the code of professional secrecy, even when the patient is treated free.
8. When a doctor examines a Government servant on behalf of the Government, he cannot disclose the nature of illness to the Government without the patient's consent.
9. When a domestic servant is examined at the request of the master, the doctor should not disclose any facts about the illness to the master without the consent of the servant, even though the master is paying the fees.
10. The medical officer of a firm or factory should not disclose the result of his examination of an employee to the employer without the consent of the employee.
11. A person in police custody as an under-trial prisoner has the right not to permit the doctor who has examined him to disclose the nature of his illness to any person. If a person is convicted, he has no such right and the doctor can disclose the result to the authorities.
12. In reporting a case in any medical journal, care should be taken that the patient's identity is not revealed from the case notes or photographs.
13. In the examination of a dead body certain facts may be found, the disclosure of which may affect the reputation of the deceased or cause anguish to his relatives, and as such, the doctor should maintain secrecy.
14. The medical examination for taking out life insurance policy is a voluntary act by the examinee and therefore, consent to the disclosure of the finding may be taken as implied.

PRIVILEGED COMMUNICATION

Physician's Responsibility in Criminal Matters