An-Najah University Journal for Research - B (Humanities)


This study aimed at identifying the penal responsibility of those with health professions helping to maintain the professional (medical) secret that the patient discloses or reached by the profession on his own. The context of the legal texts, and the researcher has reached many results, the most important of which are: that the duty to maintain medical confidentiality is one of the most important duties entrusted to the providers of assistive health services, and that the disclosure of the assistive health service provider to the professional secret is a criminal misdemeanour, and the legislation in force in the State of Palestine does not define the concept Medical secret, and penal responsibility is imposed on the assisting health service provider if he violates his duty to maintain professional secrecy. The study recommended calling on the Palestinian legislator to reformulate Paragraph 3 of Article 355 of the Jordanian Penal Code. It also called on the Palestinian legislator to add financial compensation for moral damages caused to the patient and his family. In addition to enacting a law clarifying medical secrets and cases of permissibility of disclosing this secret, in line with recent medical developments in the field of diagnosis and treatment, and the danger they pose to patient confidentiality.

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Criminal Law Commons