RAZLOZI KOJI OPRAVDAVAJU OTKRIVANjE PROFESIONALNE TAJNE LEKARA

Abstract

Medical practice and care has always included the duty of doctors to protect patients' confidiental information. However, this duty is not absolute. The subject of this paper is to identify the situations in which doctors are not bound by doctor - patient privilege, that is what are the exclusions in Serbian law that allow doctors to disclose patients’ confidential information. Considering current legal and ethical regulations related to this matter, the author analyzes each of the indetified reasons which justify disclosing doctor - patient confidential information. They are: the written consent of the patient or his legal representative; the need to protect a higher interest than the patient’s right to privacy and confidentiality of medical information; legal obligation to disclose certain information from the patient’s medical records; the court order. Assessing whether and to what extent the conditions have been met to apply each of these reasons for exclusion, the author of this paper findings that their introduction is justified and well balanced with the protection of other patient’s rights, the rights of third persons and the need to protect public health. In the concluding remarks, the author underlines that the method and extent of disclosing doctor - patient confidential information must be done for adequate purposes in order to protect patients’ confidential information in the best possible manner.