Doctor-patient confidentiality
Doctor-patient confidentiality
Article 321 of the Criminal Code punishes the violation of professional secrecy. Certain professionals, such as doctors, lawyers and clergymen, are bound by professional secrecy and may not reveal facts learned in the exercise of their profession. In addition to criminal penalties, a doctor risks administrative penalties such as a fine of up to CHF 20,000. The revelation of secrecy is obviously not punishable if the owner of the secret, i.e. the patient in a medical context, agrees to its revelation. Secrecy does not pass to heirs. It follows that only the supervisory authority may, in writing, release the doctor from confidentiality. It should be noted that Geneva's health law provides that the deceased's next of kin, if they can demonstrate an interest worthy of protection, may be informed of the causes of his death and the treatment that preceded it, unless the deceased expressly objected. It should be pointed out that next of kin have no direct access to the file, and must designate a doctor to summarise it for them. However, doctors must first refer the matter to the professional secrecy commission, and only the doctor is entitled to ask the commission to lift his or her secrecy, to the exclusion of any other person. However, third parties with an interest worthy of protection may appeal against the commission's decision, and it is worth mentioning that in the event of civil proceedings, doctors have a duty not to reveal secrets for which they have not been released. On the other hand, he will have to testify if he is released, unless he can demonstrate that the interest in maintaining secrecy outweighs the interest in revealing the truth.The law provides for a number of exceptions to professional secrecy; for example, article 364 of the Criminal Code states that when it is in the interests of minors, persons bound by secrecy may inform the guardianship authorities of offences committed against them. In your case, you cannot answer the question without being released from secrecy by the professional secrecy commission.
