What is the responsibility for disclosure of medical secrets?

The right to medical confidentiality is one of the most obvious and necessary rights related to individual privacy. However, there are times when it is violated or ignored, causing a number of problems for patients and undermining their trust in the healthcare system.

Violation of medical confidentiality is subject to liability in accordance with current legislation. If you have encountered this problem, contact the qualified lawyers of "Prykhodko and partners" company, who are ready to provide you with legal support at every stage of the case.

What information is included in the medical secret?

Medical confidentiality covers a wide range of personal medical information that is considered confidential and subject to protection in accordance with relevant legal regulations and medical ethics. Here are some data that are considered medical secrets:

• Medical history: This includes information about previous illnesses, surgeries, treatments, and medications that have been previously prescribed.
• Diagnoses and test results: Information about medical diagnoses, results of laboratory tests, tests, and images (for example, X-rays, ultrasound, MRI, etc.).
• Treatment plan: Information about prescribed medications, procedures, rehabilitation measures and any other medical recommendations.
• Mental health information: Includes information about psychiatric consultations, psychotherapy, and mental health status.
• Patient Personal Data: This can be any personally identifiable information about the patient, such as name, address, date of birth, etc.
• Information about preventive measures: Information about vaccinations, screening tests and other preventive measures.

Importantly! A doctor can disclose a patient's medical secret without his consent in a number of circumstances provided for by law.

This includes cases where there is a serious threat to someone's life, the need to investigate crimes, suspected abuse by a patient, and situations where expert evidence can assist law enforcement. Also, the doctor can disclose information if the patient cannot express his will or there is a threat of the spread of infectious diseases, mass poisoning, etc.

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What liability is provided for the disclosure of a medical secret?

Liability for disclosure of medical secrets can be diverse and depends on specific circumstances, but in general it includes:

1. Disciplinary measures.
   • Doctors and other medical workers may be subject to disciplinary measures if their behavior violates medical ethics and norms of professional activity.
2. Civil liability.
   • A patient or other party may file a lawsuit for compensation for moral and material damages caused by the disclosure of their medical secret.
3. Criminal liability.
   • In some cases, especially in cases of intentional or serious violation of the confidentiality of medical information, medical workers may be subject to punishment in accordance with the Criminal Code of Ukraine (Articles 132 and 145 of the Criminal Code of Ukraine).
4. Disclosure of medical secrets may be subject to various penalties, such as fines, community or correctional services, or even deprivation of the right to hold certain positions or engage in certain activities for a certain period of time.

How can we help?

Our law firm "Prykhodko and Partners" provides a full range of legal services in cases related to the violation of medical secrecy. We understand that this is a complex issue that can have serious implications for all parties, including physicians and patients. Our experienced lawyers are ready to provide you with competent advice and support at every stage of the case.

Our goal is to provide you with the highest level of protection and to help resolve the case as profitably as possible for you!