Doctor-patient confidentiality -- after death
December 2004
"Can patient confidentiality ever be broken after a patient is deceased?" asks FRANCINE DESJARDINS, MD, of Ottawa, ON.
You're asking whether there are any circumstances under which the heirs of a person may release the treating physician from the obligation of secrecy imposed upon him by law as well as by the code of ethics. In other words, does the right to renounce patient-physician privilege pass to the heirs? I believe that the right to privacy is personal and not transmissible. In judicial proceedings, however, these rules give way to the pursuit of truth. Holders of confidential material may disclose information to parties with a legitimate interest, for example, to protect them from harm. The same principle may apply here. Another situation which comes to mind is the case where the capacity of a testator to make a will is challenged. Again, I believe the court would order the physician to testify upon the request of one of the parties. Each situation would have to be assessed and it's a judicial tribunal that should decide. JBF
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