Disclosing Patients' Confidential Information from the Perspective of Medical Law

Medical privacy and maintaining patient confidentiality is a must which is rooted in absolute moral and customary principles, and is the cornerstone of the trust between the physician and the patient. Therefore, it is supported by laws and considered as one of the prominent aspects of medical law. Violation of patient confidentiality will lead to legal prosecution. This descriptive study was carried out with the aim of investigating the nature and the dimensions of disclosing patients' confidential information in the context of medical law, and explaining the exceptions and the related decrees with a critical approach to the current legal system. The findings showed that the primary rules governing medical relations is the necessity of maintaining patient confidentiality, and commission of crime and criminal responsibility in case of disclosing patients’ confidential information. However, in accordance with public peace and social interests, certain exceptions have been made by the current laws and customs (emergency cases) as the justifiable factors of crime against this rule, which have made the reporting confidential and medical information as a legal obligation for the physician. It seems that by relying on the criterion of "adequate support" instead of focusing on "maximum support" in regard with maintaining patients' confidential information, it is necessary to stipulate the law on the exceptional cases of disclosing patients' confidential information and update the existing laws with regard to the emerging issues and illnesses. In addition, more attention should be paid to clarifying confusion and ambiguity, and creating legal transparency and coherence.