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Paper Information

Journal:   TEB VA TAZKIEH   WINTER 2011 , Volume 19 , Number 4 (79); Page(s) 35 To 45.
 
Paper: 

THE JURISPRUDENTIAL AND LEGAL NATURE OF PRIVACY IN MEDICAL RECORDS

 
 
Author(s):  JAVADPOUR MARYAM*, TABIBI JABALI MORTEZA, RAEI MASOUD
 
* ISLAMIC AZAD UNIVERSITY OF NAJAFABAD
 
Abstract: 

The patients' file or his/her medical records are physically an inseparable property of a hospital or a health care institution; but content-wise, they belong to the patient. Using this information without the patients' consent is not permissible unless for medical research or for the continuation of patients' treatment and in cases where the law permits. Furthermore, patients should be assured that the contents of their files are not disclosed to anyone without their written permission, except for the health care personnel or legal authorities. The purpose of the present study is to find a suitable answer in regard to "the jurisprudential and legal nature of privacy in medical records" in order to defend the patients' rights, which has been carried out by the descriptive-analysis method, relying on jurisprudential and legal references. It was revealed that many verses and hadiths refer to this issue in generality. Moreover, the majority of jurists' and lawyers' ideas indicate that pursuant to violation of privacy of medical records, medical responsibility is formed. On the other hand, medical records can be destroyed.

 
Keyword(s): MEDICAL RECORDS, JURISPRUDENTIAL, PRIVACY, LEGAL
 
References: 
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