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Ginekologia i Poloznictwo
ISSN 1896-3315 e-ISSN 1898-0759

Medical confidentiality in gynaecological matters and the criminal trial


Abstract

Author(s): Hanna Stojko

This article discusses the issue of medical secrecy, including its subjective, subjective and temporal scope. It also presents the procedure for exempting a physician from the obligation of medical confidentiality pursuant to Article 180 § 2 of the Code of Criminal Procedure, as well as the most common problems that occur with its use. An attempt was made to indicate solutions which may solve complications, most frequently occurring in the practice of the procedure under Article 180 § 2 of the Code of Criminal Procedure. The paper points out that the most common problem occurring in the practice of exempting a doctor from the obligation of medical confidentiality is the issue of mutual relationship between the provisions of corporate acts and art. 180 § 2 of the Code of Criminal Procedure. It should be noted that the provisions of corporate acts take precedence over art. 180 § 2 of the Code of Criminal Procedure. Therefore, the dismissal of a physician under Article 40, paragraph 1, point 4 of the Act on the professions of a physician and a dentist, excludes the obligation of his dismissal under the procedure of Article 180 § 2 of the Code of Criminal Procedure. Another problematic issue is whether a physician may independently exempt himself or herself from the obligation of medical confidentiality. The analysis of the above issue leads to the conclusion that a doctor cannot make decisions on his or her own on the exemption from the obligation of medical confidentiality with complete omission of the procedure indicated in Article 180 § 2 of the Code of Criminal Procedure. In a situation where a doctor voluntarily gives testimony, the content of which is covered by medical secrecy, he or she will be liable for disciplinary liability for failure to comply with the obligation to keep it.

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