Medical Privacy Laws
The Importance Of Medical Privacy Constitutional Right
One of the major issues citizens in South Africa face is a lack of education with regards to their rights as patients. In fact, the bare minimum of patients knows what medical privacy constitutional right entail. For one thing, no information may be removed from medical records. If, for whatever reason, a medical professional does however disobey this law, actions may be taken against said person. On the other hand, if any changes are made within the medical records, it has to be done in black ink and in case new entries are made, it is required that the person who makes the entry add the date of recording as well as their signature.
One of the specific requirement for privacy in medical law that desire special attention is section 14 of the Constitution of South Africa. According to section 14 everyone has the right to privacy. In other words, this empowers you as a patient with the right to deny or give consent to any form of examination. Moreover, section 14 also gives way to the necessity of consent from the patient that will allow the medical professional to disclose any or all of the patient’s medical records. The latter is, however, not absolute in terms of ethical requirements as certain circumstances might require that the medical professional or health care provider disclose particular details from the medical records without prior consent from the patient or contrary to the patient’s instructions.
The abovementioned covers merely a few aspects of medical privacy laws and legal cases concerning the matter of patient privacy is an intricate one. It is therefore of the utmost importance that you seek legal advice and guidance if you believe that your privacy rights as a patient has been overlooked. Contact Adele van der Walt Attorneys Inc. if you require further assistance or are in need of a professional opinion.
For more information on this subject, please give us a call at 012 460 3668 (SA) or e-mail us at clare@avdw.co.za
