Confidentiality; Right of patient and civil responsibility of the doctor

Keeping the patients secrets has always been a kind of right and has been considered as an obligation for the doctor. Even though, confidentiality is not an absolute matter and under conflicting circumstances the doctor might have to violet confidentiality. This study was carried out with the purpose of assessment of the basis of doctor’civil responsibility if the secrets of the patient have been disclosed. A thorough study in the documents and laws reveals that other than exceptional cases, disclosure of medical secrets is not ethical and allowed and it will cause the doctor to take the responsibility of compensating for the damages and harms that the patient has sustained. Civil responsibility of a doctor for compensating the harms has not been mentioned clearly in Iranian law and legislations, but after it has been proofed in the court that there has been financial and mental harm and there has been causal link between the illegal act of the doctor and the hatms done to the patient, according to the article 1 of the civil liability law, the court will bound the doctor to compensate the damages. Eventually what guaranties the compensation of the harms done to the patient is the professional civil liability insurance of the doctor.