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Hello. I would like to ask an attorney specializing in medical law about a medical professional's duty of confidentiality. Recently, on an internet community, I found a post containing my husband's medical history, his weight at the time, and photographs of the surgical site. When I looked into it, I found that the doctor who performed the surgery had posted it under the pretext of a treatment case. Is this not a violation of a medical professional's duty of confidentiality toward a patient? Can I file a criminal complaint?
attorney specializing in medical law
confidentiality
violation of the Medical Service Act
Answer
Published:
Author : Kuk Il KIM
Hello. An attorney specializing in medical law will answer.
The situation you described is very likely to constitute a violation of a medical professional's duty of confidentiality.
Article 19 of the Medical Service Act strictly prohibits a medical professional from divulging or informing others of a patient's secrets learned during treatment, and a violation can be punished by imprisonment for not more than three years or a fine of not more than 30 million won.
A patient's medical history, weight, and photographs of the surgical site all constitute sensitive personal health information, and even if used as a treatment case, disclosing them externally without the patient's prior consent is unlawful.
In particular, if the post was published in a space accessible to an unspecified number of people, such as an internet community, it is a clear invasion of personal information and a violation of the Medical Service Act, so a criminal complaint and a civil claim for damages are also possible.
The unauthorized disclosure of information beyond the scope of a medical professional's treatment purpose is an unlawful act that seriously infringes a patient's personality rights and privacy.
Therefore, we recommend securing a capture of the post, the date and time of posting, and the author's information, and promptly consulting an attorney specializing in medical law to prepare for criminal complaint and damages procedures.

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