Medical confidentiality, domestic violence, non-assistance to a person in danger, failure to report a crime, sexual abuse, Penal Code, Article 223-6, Article 226-13
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Abstract
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Abstract
A doctor's dilemma in reporting domestic violence and sexual abuse while maintaining medical confidentiality.
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[...] In this case, Doctor Mabuse is a healthcare professional subject to medical confidentiality and the information in question was collected during a consultation. As a result, Article 226-13 of the Penal Code may be applicable to the case in question. An intentional act of revelation The crime of revealing a secret protected by law requires an act of written or oral revelation. In this case, Dr. Mabuse hesitates to speak about the violence suffered by Fanny and the probable sexual assaults suffered by his daughter. [...]
[...] Mabuse has observed that Fanny has new bruises, particularly on the cheek and the jaw, knowing the delinquent past of her partner and the existence of previous facts of violence suffered by Fanny and recognized by her, in the face of the impossibility of obtaining her consent and in the face of injuries to the cheek that may suggest a strangulation attempt, Dr. Mabuse can report the facts to the Prosecutor of the Republic. Regarding Fanny's daughter, Dr. Mabuse can report the facts that may correspond to sexual attacks without having to obtain the consent of the girl. As a result, if Dr. [...]
[...] Can the doctor infringe medical confidentiality to reveal the facts of which he suspects his patients to be victims? The answer is affirmative because even if medical confidentiality is an obligation of healthcare personnel, whose disrespect leads to the qualification of a crime provided for in Article 226-13 of the Penal Code, the same article provides for cases in which the violation of confidentiality is possible. The preliminary conditions: a professional subject to confidentiality and confidential information The individuals subject to the professional secrecy are not listed exhaustively by the Penal Code, however, it involves those with legal professions, officials, healthcare professionals, or professions related to the business world. [...]
[...] Mabuse wishes to remain silent. In conclusion, the offense is describable. The repression The denunciation is neutralized in the presence of a professional secret (Cass. Crim - 27 April 2011). In this case, the doctor is subject to the medical secret which is a professional secret. As a result, the doctor will not be able to be prosecuted for non-denunciation of offenses against vulnerable or minor persons as long as he decides to report the facts of which he is aware. [...]
[...] He can avoid prosecution by helping in any way that does not put Fanny in danger. III) The possible qualification of non-denunciation of deprivation, mistreatment, sexual offenses against minors or vulnerable persons In this case, a doctor is considering not reporting violence committed against two of his patients because one refuses and he is not certain of the reality of the sexual abuse on his other minor patient. The doctor who thinks his patients are victims of violent and sexual offenses must he report the facts to the competent authorities? [...]
