Subjects:

Criminal Law, Medical Law

Contents:

Ethical considerations: Main schools of medical ethics

Autonomy, privacy and confidentiality

Conflicts of interests in the context of criminal prosecution and crime prevention

Conclusion. European law: Protection of Medical Confidentiality: European convention on human rights

European convention on human rights and biomedicine

Data protection directive 95/46/EC

European charter of fundamental rights. Disclosure in the Context of Crime Prevention and Criminal Prosecution: Criminal prosecution

Conflicting defence rights

Crime prevention

Summary. French law: Protection of Medical Confidentiality: Medical confidentiality as a fundamental right

Protection under criminal law

Protection under private law

Professional obligation

Summary. Disclosure in the Context of Crime Prevention and Criminal Prosecution: General and absolute obligation of medical confidentiality

Obligation to give testimony

Defence rights of the physician

Effects of the patient's consent

Obligation to disclose certain information

Admissibility of the physician's testimony

Search for and seizure of medical records

Summary and conclusion. German law: Protection of Medical Confidentiality: Medical confidentiality as a fundamental right

Protection under criminal law

Protection under contract and tort law

Professional obligation

Summary. Disclosure in the Context of Crime Prevention and Criminal Prosecution: A physician's testimony in criminal court

Crime prevention

Confidential material exempt from search and seizure

Summary and conclusion. English law: Protection of Medical Confidentiality: Medical confidentiality as a fundamental right

Contractual obligation

Equitable duty

Statutory obligations and criminal offences

Professional obligation

Summary. Disclosure in the Context of Crime Prevention and Criminal Prosecution: State access to confidential medical information

Voluntary disclosure by the physician

Summary and conclusion. American law: Protection of Medical Confidentiality: Constitutional privacy protection

Statutory obligations

Private law actions for breach of medical confidentiality

Professional obligation

Summary. Disclosure in the Context of Crime Prevention and Criminal Prosecution: Federal law

State law

Summary and conclusion. Comparative conclusions: Protection of Medical Confidentiality - Constitutional protection

Scope and means of protection

Differences between common law and civil law approaches. Disclosure in the Context of Crime Prevention and Criminal Prosecution: Medical privilege in criminal courts

Defence rights

Crime prevention. Concluding Remarks.

Medical confidentiality is universally recognised as a value worth protecting. However, difficulties arise when confidential medical information becomes relevant in the context of crime prevention and criminal prosecution. Should medical confidentiality be upheld where the physician holds information which is essential for the investigation of a serious crime; for establishing the truth in a criminal trial; for an accused's defence; or for the prevention of a criminal offence? And according to which criteria should such decisions be made?

Based on an examination of different approaches in medical ethics and a comparison of the relevant law of France, Germany, England and Wales and the US, this book analyses how a balance of the competing interests can best be struck.