Legal aspects of the work with request containing medical secrecy of the citizen in the institution carrying out the medical expertise

Abstract

The scope of present research is the civil-law protection of health (medical) confidentiality of the citizen in the activity of the institution, carrying out a medical expertise. Mentioned category is considered in this article in aspects of the work with requests to obtain or provide, without the consent of the citizen, information bound by his medical secrecy. There are proposed algorithms of actions for processing mentioned information. As the ingredient of the topic there are considered rationales for its delivery (assignment). It is widely acknowledged that in the construction of legal norms regulating relations concerning medical confidentiality, one of the main task of the legislator is to maintain a balance between the interests of the participants of legal relations - as holders of intangible benefits and public interests of the society, through the formation of a special legal regimes. By determination of the legalframework of the execution of the medical expertise, the State sets: conditions of the execution of expertise; conditions for the recognition the citizen as disabled; conditions for the establishment of his disability, etc. In the case of the establishment of the incapacity for work, disability, it enables the citizen a certain legal and social status, but at the same time obliges him to undergo periodic medical examinations (checkups) for the possibility of saving or cancel (change) provided benefits that state is normal practice for the social welfare state. In these and other cases, the citizen is supposed to disclose certain information constituting his medical secrecy - both to employees of medical institutions, as well as to the members of the expert committees, the employer (by authorized persons), etc. The right to disclosure ofsuch information without the consent ofthe citizen, as an exception according to the federal law may be afforded to other persons - within the limits set by law.

Keywords

medical secrecy / medical expertise / medical and social examination / disabled / the expertise person

References

[1] Ожегов С.И. Словарь русского языка / Под ред. Н.Ю. Шведовой. 18-е изд. М.: Русский язык; 1986.

[2] Алексеев С.С. Право: азбука-теория-философия: Опыт комплексного исследования. М.: Статут; 1999.

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