The basis of confidentiality in the medical field.

Document Type : Original Article

Author

Faculty of Law - Mansoura University

Abstract

The importance of commitment to confidentiality, especially in the field of commitment to protect professional secrets, is highlighted for several reasons. The commitment of professionals to protect clients' secrets is closely linked to the client's interest, whether material or moral. This commitment also enhances the interest of the profession itself, as it contributes to raising its ethical standards and building trust between professionals and their clients. If this trust is lost, people will hesitate to resort to professionals for fear of disclosing their secrets to others. The above statement is that the patient always needs the doctor for treatment. If there is no guarantee that the doctor will keep them, patients will hesitate to disclose their secrets, and even to go to professionals in the first place, which leads to the loss of their interests, which will ultimately negatively affect society as a whole.Jurisprudence and judiciary are divided into more than one theory regarding the basis of the obligation to maintain medical confidentiality. The contract theory comes first, followed by the public order theory, and finally the mixed and ethical basis theory emerged. Accordingly, each theory will be addressed independently, then the legal basis for the obligation to maintain medical confidentiality in French, Egyptian and Kuwaiti legislation will be reviewed.

Keywords