Professional Secrecy: Forensic Medicine Lecture

Professional Secrecy: Forensic Medicine Lecture , Medical jurisprudence

1. Professional Secrecy DIVYANSHU MOHAN ARYA M20220 29

2. Professional Secrecy Also called professional confidentiality

3. Patient shares everything regarding his/her illness personal matter clinical symptoms investigation reports diagnosis treatment etc which he/she may not share with others

4. On other hand, a doctor needs all such information for correct diagnosis and proper treatment So all relevant information automatically becomes secret or confidential between doctor and patient

5. To maintain good doctor-patient relationship it is the duty and responsibility (ethical, moral and legal ) of the doctor to keep all that information secret This is called Professional secrecy

6. Confidentiality is most important principle after 4 basic to maintain good doctor patient relationship It actually indicates respected for the patient and his rights

7. Hippocratic Oath “ I will respect the secrets that are confided in me even after the patient died”

8. The Declaration of Geneva International Code of Medical Ethics both instruct physician to maintain confidentiality even after patient’s death

9. Situations Where Secrecy Should be Maintained

10. 1. Major Patient More than 18 years of age Not disclose any information about patients illness to even parents and relatives without patient’s consent Even if parents or relatives are paying doctors fees Only if patient consents then the information can be disclosed

11. In case of a minor The information maybe disclosed to the guardian No need of consent

12. 2. Husband-Wife A doctor should not disclose the nature of illness detected in husband to his wife and vice versa without consent Information regarding pregnancy, abortion or veneral disease of the women to her husband without her consent doctor can disclose only if the illness is of infectious nature and affect the

13. In divorce and nullity cases no information shall be disclosed, without consent of concerned person. However if any condition on basis of which divorce and nullity of marriage maybe granted unsoundness of mind impotence Venereal disease leprosy such condition may be disclosed to the concerned third party

14. 3. Employer-Employee or Master-Servant Must maintain confidentiality

15. 4.Free of Cost Treatment Maintain confidentiality

16. 5.Artificial Insemination Identity of donor and recipients should be kept secret

17. 6.Case Report While reporting a case in any Medical journal, the Identity, name or photograph of the patient must be kept confidential however it can be disclosed with his consent

18. 7. Postmortem Findings The report should be given to the police only Can disclose relevant facts eg pregnancy discovered at autopsy of unmarried girl only to the relatives, not to any other person

19. Breach in Confidentiality

20. Breach in Confidentiality A doctor can divulge a patients information with his consent It is unethical for any doctor to disclose patients information to any third party

21. Action against Doctor Patient may take action if The disclosure is without valid grounds (it constitutes professional misconduct) The disclosure has resulted in harm to the patient Disclosure is not in the interest of the public

22. Defamation Patient may sue the doctor for defamation under section 499 of IPC Punishment under section 500 IPC imprisonment 2 years  fine  both

23. Damages The patient may sue the doctor for damages

24. Medical Council The patient can also complain to NMC or SMC Disciplinary action against doctor

25. Summary Confidentiality is very important, should be maintained for: 1. Major Patient 2. Husband-Wife 3. Employer-Employee or Master-Servant 4.Free of Cost Treatment 5.Artificial Insemination 6.Case Report 7. Postmortem Findings Defamation (IPC 499 , punishment: IPC 500 )

26. Exception of Professional Secrecy?? Privileged Communication But it is not my topic…………

27. Thank You