A doctor can break professional confidentiality. Check when this is possible [PRZYKŁADY]

Medical confidentiality. What is it? Who does it apply to?

Professional confidentiality of doctors This is a fundamental ethical and legal obligation that requires doctors to keep confidential all patient information they obtain in the course of their profession. This confidentiality is regulated by Polish law in the following acts:

• Law of 5 December 1996 on the professions of doctor and dentist;
• Law of 19 August 1994 on the protection of mental health;
• Code of Criminal Procedure (Law of 6 June 1997);
• Code of Medical Ethics.

It is worth remembering that professional secrecy applies not only to doctors, but also to other people who work in medical profession and provision of health services to the patient (e.g. nurses, psychologists, physiotherapists, etc.).

Professional confidentiality of doctors. What can’t a doctor reveal?

Professional confidentiality of doctors includes all information related to the patient. Therefore, it is not just data related to the treatment procedure itself. The following are confidential:

• health information,
• diagnosis,
• test results,
• course of treatment,
• personal data,
• data relating to the patient’s personal financial or professional situation.

The physician is obliged to keep this information confidential both from third parties and from other patients.

When does medical confidentiality apply?

Medical confidentiality is valid throughout the patient’s life and after his or her death. This obligation does not expire when the patient ceases to be under the care of a particular physician. The physician is obliged to maintain the confidentiality of information even when the patient changes physicians or completes treatment.

When does medical confidentiality not apply? [PRZYKŁADY]

Although medical confidentiality is a fundamental principle that provides the patient with a sense of security during treatment, there are situations in which the doctor can or even should dispense with it. According to Polish law, medical confidentiality does not apply in the following cases:

Patient consent

The patient may release the physician from the obligation to maintain confidentiality by expressing written consent to the disclosure of information relating to his or her health condition. This may include, for example, providing information to the patient’s family who are interested in the course of treatment.

Example: The patient consents to the doctor discussing the results of the examination with his/her spouse or providing information to the press about the progress of his/her treatment.

Threat to life or health

Medical confidentiality may be waived if disclosure of information is necessary to protect the life or health of the patient or others. Examples of such situations might be cases where the patient poses a threat to himself or herself or others, for example by intending to commit suicide, or if the patient’s illness poses an epidemic threat.

Example: The doctor informs the emergency room about the health condition of a patient who refused hospitalization, but whose life is in danger. Another example might be informing about an infectious disease that could spread, posing a threat to other people.

Legal obligation

The doctor is obliged to disclose information at the request of authorized state authorities, such as courts, prosecutors or police, when required by law. In such a situation, the doctor cannot refuse to provide information.

Example: The doctor is obliged to provide information about the patient’s health at the request of the court in a criminal case, for example, to determine whether the patient is fit to participate in a court trial.

Public interest

In certain exceptional situations, when the public interest outweighs the interest of the individual, the doctor may waive medical confidentiality. These are situations in which the disclosure of information is necessary for the public good, for example, in the event of suspicion of a serious crime.

Example: The doctor reports suspicions of domestic violence against the patient to the competent authorities, which is necessary to ensure their protection.

What are the penalties for breaching medical confidentiality? The penalties are severe

According to art. 266 of the Penal Code, for violation medical confidentiality The doctor may be subject to a fine, restriction of liberty or imprisonment of up to two years. These provisions apply not only to doctors, but also to other persons obliged to maintain professional secrecy, including lawyers, legal advisers and administrative staff.

Fine can be imposed in the range of 10 to 540 daily fees, with the amount of a fee being determined by the court and can range from 10 PLN to 2,000 PLN. This means that the maximum fine can go up to 1,080,000 PLN.

In addition to the fine, the court may order: penalty of restriction of liberty for a period of one month to two years, which may consist of performing unpaid and supervised work for social purposes, or other restrictions, such as a ban on leaving the place of residence without the consent of the court. The most severe sanction is a fine deprivation of libertywhich can also last up to two years.

The doctor broke the secret. Where to report it?

If the doctor broke professional secrecyThere are several places where you can report such a violation:

1. District Medical Chamber (OIL)

Violation of medical confidentiality can be reported to the District Medical Chamber to which the doctor belongs. These chambers conduct disciplinary proceedings against doctors who have violated professional ethics regulations. You can submit a written complaint, describing the situation in detail.

2. Patient Provider

You can also report a violation to the Patient Ombudsman, who protects patients’ rights, including the protection of privacy and personal data. The Ombudsman can intervene and verify whether the patient’s rights have been violated.

3. Public Prosecutor’s Office

If the breach of medical confidentiality has serious consequences, the case may be reported to the Public Prosecutor’s Office. Violation of medical confidentiality is a crime and may be prosecuted ex officio or at the request of the injured party.

4. Personal Data Protection Office (UODO)

If the violation concerns the patient’s personal data, you can also report the matter to the Personal Data Protection Office. This office deals with the protection of personal data and can impose sanctions on those responsible for their unauthorized disclosure.

5. Civil Court

A patient whose privacy has been violated may also file a civil action for compensation or compensation for moral and material damages resulting from the violation of medical confidentiality.

Each of these venues offers different ways to exercise your rights, depending on the nature of the violation and its consequences. It is worth consulting a lawyer to choose the best option in a specific situation.