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On the protection of patient privacy

Author: DongJing
Tutor: LiuShiGuo
School: Fudan University
Course: Legal
Keywords: Patient privacy Constituent elements Protection mechanisms Protection awareness Legislation
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 131
Quote: 0
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Abstract


Medical institutions, clinics activities need to become the \\The patient's right to privacy is a universal and unique privacy rights: universal at that as the main body of the patients can not specific individuals in society (medical and medical institutions have established relationship); unique in that it has a lot of Unlike other privacy features, such as the subject of rights and obligations of the subject relative to a particular, the relative concentration of the content, limiting the subjective aspects of the rights holders voluntarily give up sex. Any right to have the boundary, patient privacy. For the purpose of public welfare, prevent crime, patient privacy restrictions. Related to patient privacy tort factor: 1. Violations, including: as a way, such as: medical side without patient consent for disclosure, the public and even the use of patient privacy; omission, such as information management refers to patient privacy improperly, leading to patient privacy information leakage. Damage facts, including privacy information disclosure spiritual interests of the damage, the identity of the interests of the actual damages. 3. Causal relationship. 4. Medical negligence. Medical liability relates only to negligence, excluding intentional, if the medical staff deliberately harm patients, their behavior is not medical. Relief on the privacy of patients, both can be applied to breach of contract, tort liability can also apply, choose one. In the latter case, the provisions of the Tort Liability Act \fault liability principle is applicable in the case of disclosure of patient privacy. Bear tort liability separately or concurrently cessation of the infringement, compensation for the loss of the (spiritual) apology, eliminate the impact of rehabilitation of reputation. Combination of relevant cases can be seen, the privacy of our patients are still some problems: First, the medical side need to improve awareness, some cases of violations of the privacy of patients reflect the medical side of the lack of awareness of respect for the privacy of patients, its simple and crude behavior. Protect patient privacy is not only ethical obligations under its statutory obligations, \Medical institution requires a robust mechanism to protect patient privacy, such as custody of the privacy of patient information disclosure system. Third, is the need to improve the relevant legal system. \or complete, taking into account the doctor-patient relationship is one of the important factors and the long-term as the relationship between social harmony and stability, it is necessary the introduction of a system of specialized legal.

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