شروط السر الطبي بين الشريعة والقانون

Abstract

This study addresses a delicate and profound concern about the intricate dynamics between the medical practitioner's professional responsibilities and the patient's need for privacy. The symbiotic nature of the doctor-patient relationship necessitates the disclosure of sensitive information, even classified as secrets, to the physician. However, there exists a paradoxical scenario where the patient desires to shield confidential information from the doctor, notwithstanding the professional obligation to disclose such details. Legal provisions further complicate this dynamic, delineating instances where divulging secrets is permissible. The convergence of the patient's interest and the broader societal welfare underscores the complexity of the matter, prompting a careful balance between maintaining confidentiality and averting potential harm. Islamic law, recognizing the gravity of safeguarding personal secrets, prohibits revealing such information unless there is an overriding imperative to do so. Fundamentally, the essence of secrecy rests on the confidentiality of the information and the patient's explicit desire to prevent its exposure. The realm of medical practice, encompassing procedures like examinations, laboratory tests, and X-ray imaging, inherently involves confidential information. In delving into pertinent legal literature, specific criteria emerge, elucidating the conditions under which information qualifies for classification as medical confidentiality. These criteria include the intrinsic nature of the information and its significance in the context of preserving the sanctity of the doctor-patient relationship.