title: The legal protection of the medically examined applicant for insurance.
abstract: The private insurer needs information about the risk evaluation of the objective of the insurance. More specifically, in personal insurance he needs information about the insured person. To obtain such information he will often ask the applicant to undergo a medical examination. A crucial question is whether the medically examined applicant for insurance should be considered as a "patient", in which case he would enjoy the legally protected patient rights. As such, a medical examination is carried out at the request of the insurer, in view of concluding or carrying out a private insurance agreement. The applicability of several fundamental patient rights seems to be uncertain. His legal protection remains unsure. In this article, I firstly verify if the examined person is a patient. Then his protection as a patient will be examined. To conclude the alternative means to protect the medically examined applicant in the European context, as well as in other European member states, will be analyzed.
authors.affiliation: Centre for Biomedical Ethics and Law, Catholic University of Leuven, Belgium.
authors.forename: Sarah
authors.initials: S
authors.lastname: Defloor
mesh_terms: D003219:Confidentiality / Q000331:legislation & jurisprudence; D004608:Eligibility Determination / Q000331:legislation & jurisprudence* / Q000379:methods; D005062:European Union; D005820:Genetic Testing / Q000331:legislation & jurisprudence*; D006801:Humans; D007348:Insurance, Health / Q000331:legislation & jurisprudence*; D007391:International Cooperation; D028701:Patient Rights / Q000331:legislation & jurisprudence*; D018570:Risk Assessment / Q000331:legislation & jurisprudence / Q000379:methods