I would like to ask the medical law specialist attorney about the medical professional's duty of confidentiality.

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I drank heavily with a friend and got into the car they were driving. I was in the passenger seat and so out of it I couldn't stop them, and a traffic accident occurred. Do I have to share responsibility if a traffic accident occurs while riding along with a drunk driver? I wasn't driving and I was so out of it I don't even remember — being told I'll be punished too feels so unfair.

medical law specialist attorney

confidentiality

medical law violation

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作者: 김국일

Hello, this is a medical law specialist attorney answering.

The situation you mentioned is highly likely to constitute a violation of the medical professional's duty of confidentiality.

Article 19 of the Medical Service Act strictly prohibits medical professionals from disclosing or informing others of patient secrets learned during treatment, and violations may be punishable by imprisonment of up to 3 years or a fine of up to 30 million won.

The patient's medical history, weight, photos of the surgical site, etc. all constitute sensitive personal health information, and even if used as treatment cases, disclosing them externally without the patient's prior consent is illegal.

Particularly, if such posts were posted in spaces accessible to an unspecified majority such as internet cafes, this is a clear personal information infringement and a violation of the Medical Service Act, and criminal complaints and civil damages claims are also possible.

Unauthorized disclosure of information beyond the medical professional's treatment purpose is an illegal act that seriously infringes on the patient's personal rights and privacy.

Therefore, please secure screenshots of the relevant posts, posting times, and author information, and quickly consult with a medical law specialist attorney to prepare for criminal complaint and damages procedures.