THE CONFIDENTIALITY OF THE MEDICAL ACT IN THE DEPRIVATION OF LIBERTY ENVIRONMENT

Respecting the medical secrecy is one of the essential conditions underlying the protection of private life. Medical information obtained from patients in the context of a physician - patient relationship should be protected by confidentiality. Disclosure of personal health care data without the a...

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Main Author: Laurenţia Florentina GĂIŞTEANU (ŞTEFAN)
Format: Article
Language:English
Published: Nicolae Titulescu University Publishing House 2018-05-01
Series:Challenges of the Knowledge Society
Subjects:
Online Access:http://cks.univnt.ro/uploads/cks_2018_articles/index.php?dir=1_criminal_law%2F&download=CKS_2018_criminal_law_011.pdf
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author Laurenţia Florentina GĂIŞTEANU (ŞTEFAN)
author_facet Laurenţia Florentina GĂIŞTEANU (ŞTEFAN)
author_sort Laurenţia Florentina GĂIŞTEANU (ŞTEFAN)
collection DOAJ
description Respecting the medical secrecy is one of the essential conditions underlying the protection of private life. Medical information obtained from patients in the context of a physician - patient relationship should be protected by confidentiality. Disclosure of personal health care data without the agreement of the person is a touch brought to private life. One particular feature of the health care system is the healthcare provided to patients in detention. Even though the doctor-patient relationship in the penitentiary environment has a number of peculiarities, it is coordinated according to the same ethical principles as in the public one. The penitentiary physician's duty is not limited to consultation and treatment, he often becomes the prisoner's personal physician, and the means of relationship must respect the fundamental rights of the patient, regardless of his or her status. In the penitentiary system, there are also many dilemmas arising from the duties of the medical staff, the first of the detainee's personal physician and the second of the penitentiary administration's counselor. The medical specialist in a penitentiary must take into account that communicating with the patient is essential in the doctor-patient relationship and she must be sincere. In determining the attitude of the patient towards the doctor and the medical act, the context of the first contact with the doctor, the way in which the first medical consultation takes place, is of great importance. Trust is gradually gaining, and medical staff must strive to demonstrate that they can ensure the protection of prisoners' medical records.
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spelling doaj-art-25082cc5c6154467bdc4e625a0fd07c22025-08-20T02:51:19ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962068-77962018-05-0112-7782THE CONFIDENTIALITY OF THE MEDICAL ACT IN THE DEPRIVATION OF LIBERTY ENVIRONMENTLaurenţia Florentina GĂIŞTEANU (ŞTEFAN)0PhD candidate, Faculty of Law, “Nicolae Titulescu” University, Bucharest (e-mail: laurentiastefan@yahoo.com)Respecting the medical secrecy is one of the essential conditions underlying the protection of private life. Medical information obtained from patients in the context of a physician - patient relationship should be protected by confidentiality. Disclosure of personal health care data without the agreement of the person is a touch brought to private life. One particular feature of the health care system is the healthcare provided to patients in detention. Even though the doctor-patient relationship in the penitentiary environment has a number of peculiarities, it is coordinated according to the same ethical principles as in the public one. The penitentiary physician's duty is not limited to consultation and treatment, he often becomes the prisoner's personal physician, and the means of relationship must respect the fundamental rights of the patient, regardless of his or her status. In the penitentiary system, there are also many dilemmas arising from the duties of the medical staff, the first of the detainee's personal physician and the second of the penitentiary administration's counselor. The medical specialist in a penitentiary must take into account that communicating with the patient is essential in the doctor-patient relationship and she must be sincere. In determining the attitude of the patient towards the doctor and the medical act, the context of the first contact with the doctor, the way in which the first medical consultation takes place, is of great importance. Trust is gradually gaining, and medical staff must strive to demonstrate that they can ensure the protection of prisoners' medical records.http://cks.univnt.ro/uploads/cks_2018_articles/index.php?dir=1_criminal_law%2F&download=CKS_2018_criminal_law_011.pdfmedical secretpenitentiaryhealth conditiondetaineesecret
spellingShingle Laurenţia Florentina GĂIŞTEANU (ŞTEFAN)
THE CONFIDENTIALITY OF THE MEDICAL ACT IN THE DEPRIVATION OF LIBERTY ENVIRONMENT
Challenges of the Knowledge Society
medical secret
penitentiary
health condition
detainee
secret
title THE CONFIDENTIALITY OF THE MEDICAL ACT IN THE DEPRIVATION OF LIBERTY ENVIRONMENT
title_full THE CONFIDENTIALITY OF THE MEDICAL ACT IN THE DEPRIVATION OF LIBERTY ENVIRONMENT
title_fullStr THE CONFIDENTIALITY OF THE MEDICAL ACT IN THE DEPRIVATION OF LIBERTY ENVIRONMENT
title_full_unstemmed THE CONFIDENTIALITY OF THE MEDICAL ACT IN THE DEPRIVATION OF LIBERTY ENVIRONMENT
title_short THE CONFIDENTIALITY OF THE MEDICAL ACT IN THE DEPRIVATION OF LIBERTY ENVIRONMENT
title_sort confidentiality of the medical act in the deprivation of liberty environment
topic medical secret
penitentiary
health condition
detainee
secret
url http://cks.univnt.ro/uploads/cks_2018_articles/index.php?dir=1_criminal_law%2F&download=CKS_2018_criminal_law_011.pdf
work_keys_str_mv AT laurentiaflorentinagaisteanustefan theconfidentialityofthemedicalactinthedeprivationoflibertyenvironment
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