Professional Secrecy and Privileged Communication in Medical Practice

Abstract

A man who is known to be good at keeping secrets is one who has greater esteem in the society. This ideal image of a noble man's relation to his society is the basic description of what a medical healthcare practitioner's association should be with each and every one of his patients. Doctor-patient “interaction” falls under “implied contract” which starts when the patient agrees to receive treatment and medical practitioner agrees to provide it. The situation is governed under “common law”. When both parties mutually consented then both are bound for implied contractual obligations.

Medical practitioners 's obligations are two, firstly to apply the skill with the competence of his own claim and to exercise reasonable carefulness towards his patient during professional work. Secondly, to maintain “professional secrecy”.To that someone who believes medical person to be “Messiah”, the least they deserve is utmost loyalty towards their cause which also includes respecting their confidentiality concerning any detail they'd like to keep private. Islam also teaches us to be always trustworthy and not the opposite. When someone confides in you, they are handing you over a sacred objectand you have promised to fulfill their covenant by not losing it.

Allah, the Most Beneficent commands;“And fulfill (every) covenant. Verily, the covenant will be questioned about.” – Surah Al Isra' (17:34)

So far we've solely taken an ethical approach to this discussion, but if laws concerning the profession are included as well; the term “Professional Secrecy”is what it ought to be called. The doctor being the 'professional' by the book cannot unveil a client's information. (Whether it be personal or seemingly not). Any particulars about the patient should be safeguarded by the physician as a part of his humanitarian duty, even after his client has died.