I- Definition :
The secret is what needs to be hidden. What he did not have to say, it is also silent on a matter entrusted.
Professional secrecy is a legal prohibition to disclose a secret that or to have knowledge in the exercise of its functions.
II- The purpose and basis of medical confidentiality :
All occupations are subject to professional secrecy. Medical secrecy is a symbol of respect for the dignity of the patient. This is a right of the patient and a doctor's duty.
III- The content and limits :
The secret covers everything the doctor saw, heard, understood or it was given in the exercise of its functions by the patient.
It is kept even after the patient's death.
IV- The exemptions of medical confidentiality :
- Statements birth
- Declarations of death
- Declaration of contagious diseases
- Statements of child abuse
V- secrecy and the law :
1- The Penal Code :
1is indentation :
Article 301 : the doctors, Surgeons, pharmacists, midwives or other persons vested, by occupation or profession or permanent or temporary functions. Secrets that are entrusted to them, here lors cas où la loi sur les autorises obrigar or if a porter dénonciateur, revealed these secrets, are punished with imprisonment of one to six months and a fine of 500 at 5000 GIVES.
2- The health code :
Article 206 : the doctors, dentists and pharmacists are bound to observe professional secrecy, unless the legal provisions in the loosened expressly.
3- The code of ethics :
Article 36 : professional secrecy, established in the interest of the patient and the community, is essential to any doctor and dentist unless the law provides otherwise.
Article 37 : professional secrecy covers everything the doctor, dentist saw, heard, understood or given to it in the exercise of his profession
Article 41 : medical confidentiality is not abolished by the death of the patient, except to enforce rights