[Medical confidentiality towards family, colleagues and the media from the legal point of view].
The more medical confidentiality is endangered in a society based on the exchange of information especially by the welfare system and a health care system relying on the division of labour, the more it must be protected by the law of professional rules and regulations, civil and criminal law. First of all, medical confidentiality refers to the patient who will only confide in his doctor if he can be sure that his secrets will be kept. The individual patients' interests lead directly to the interests of the public health care system which demands confidence and cannot exist without secrecy. The physician may only reveal information if he has the patient's consent which can also be given implied. He can be justified by a presumed consent or the balancing consideration of legally protected values. However, a duty to disclose does not exist. The medical confidentiality applies towards relatives, colleagues who are not consulted by the patient and the media.
Laufs
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Institut für Geschichtliche Rechtswissenschaft, Universität Heidelberg.
D003219:Confidentiality / Q000331:legislation & jurisprudence*; D005858:Germany; D006801:Humans; D008402:Mass Media / Q000331:legislation & jurisprudence*; D010817:Physician-Patient Relations; D010820:Physicians; D011368:Professional-Family Relations