Question 10 · LDEK · Medical confidentiality

After Mr. X’s death his father and son come to the dentist office where Mr. X underwent dental treatment. The father demands that the information concerning the treatment should be revealed to the son. A day before Mr. X’s mother-in-law informed the dentist that she did not give her consent to revealing any information about Mr. X’s treatment. According to the Act of December 5, 1996 on the profession of doctors and dentists, the dentist:

  1. A. is not allowed to reveal any information about the treatment after Mr. X’s death because the mother-in law opposes that action.
  2. B. is not allowed to reveal any information about the treatment after Mr. X’s death because it would be the violation of medical secrecy.
  3. C. is allowed to reveal the information about the treatment after Mr. X’s death on demand of his father only if the father has Mr. X’s consent in writing.
  4. D. is allowed to reveal the information about the treatment after Mr. X’s death on demand of his father only after obtaining court’s permission.
  5. E. is allowed to reveal the information about the treatment after Mr. X’s death despite the mother-in-law’s objection.
Hint

Secrecy survives death; consider who counts as a close person and how current law resolves a disagreement between close persons.

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