مجلة البحوث القانونية و الاقتصادية
Volume 7, Numéro 3, Pages 359-371
2024-09-30
Cases Of Disclosure Of Medical Secret And Its Practical Limits In The Light Of Algerian Legislation
Authors : Abdellaoui Khadidja . Khennane Annouar .
Abstract
The general rule is that the medical secret must be kept secret and not disclosed to others under any circumstances, as the doctor has the obligation to maintain the secret of his profession, which is not to disclose what is related to his patient, whether recently or discovered alone through examination and diagnosis. However, every rule has an exception, as the medical secret can be disclosed in cases mentioned by the Algerian legislator, where disclosure is likely to achieve a public interest at the expense of a private interest, as the doctor forces his patient to reveal the secret, such as abortion, declaring infectious diseases, or testifying before the judiciary. Reporting births and deaths...Etc., provided that this is done in accordance with the general principles of law within the framework of proven and reasoned facts.
Keywords
Doctor, Patient, Medical Secret, Reasons for Permission, Disclosure of Medical Secret.
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