Medical Secret: What is it?

Verified 21 August 2024 - Directorate for Legal and Administrative Information (Prime Minister)

Medical confidentiality covers all the information the healthcare professional has about you : your state of health (diagnosis, treatment...), your identity, what you have entrusted to him, what the professional has seen, heard, understood... We tell you what you need to know about medical confidentiality (professional secrecy) and how to file a complaint in case of violation.

Every professional who knows or follows your health must respect medical confidentiality.

Example :

Physician, nurse, physiotherapist, psychologist, social worker, speech therapist, trainee medical student, pharmacist, dentist, podiatrist.

Therefore, a healthcare professional who has information about you should not share it with others.

FYI  

The healthcare professional is required to provide you with a fair, clear and appropriate information about your health.

Healthcare professionals who follow you can exchange information between them to treat you (shared medical confidentiality).

However, you can oppose it at any time.

FYI  

The healthcare professionals you have authorized access to your Health space (shared medical record) shall be subject to medical confidentiality.

When the healthcare professional has to provide certain information

There are situations in which the health care practitioner must communicate some information.

Thus, it must in particular:

  • Declare births
  • Reporting Deaths
  • Report certain serious or contagious diseases that require urgent intervention to health authorities
  • Establishing medical certificates for psychiatric care without consent
  • Make a medical declaration to the public prosecutor when setting up a safeguard of justice
  • Establishing certificates for accidents at work and occupational diseases
  • Provide information to the administration for military and civil disability or retirement pension files
  • Transmit to the expert the documents he holds on the person who considers himself to be the victim of damage related to a prevention, diagnosis or care activity (medical accidents, HIV, asbestos, etc.).

When the healthcare professional can provide certain information

There are situations in which the health care practitioner is authorized to communicate some information.

Thus, it can in particular :

  • Report to public prosecutor abuse or deprivation of an adult, with the consent of the adult
  • Report to public prosecutor abuse, abuse or deprivation inflicted on an adult, without his consent, in certain situations (person who is not able to protect himself because of his age or his physical or mental disability)
  • Report to public prosecutor abuse, abuse or deprivation of a minor
  • To transmit information relating to the situation of a minor in danger or at risk of danger the Information of Concern Collection, Processing and Assessment Cell (CRIP). It can also do so with the unit of the Regional Health Agency responsible for the collection, follow-up and treatment of reports of abuse against vulnerable adults
  • Report to the prefect (in Paris, to the prefect of police) the dangerous nature of a person who he knows has a weapon or intends to acquire a weapon.

The doctor or midwife may dispense with the consent of the holder of parental authority on the medical decisions to be taken where action is required to safeguard the health of the minor in cases where the latter opposes consultation with the holder of parental authority.

However, the physician or midwife should in 1er time to seek the consent of the minor to such consultation.

If the minor maintains his or her opposition, the doctor or midwife may carry out the preventive action, screening, diagnosis, treatment or intervention. In this case, the minor is accompanied by an adult of his choice.

In case of diagnosis or serious prognosis, your family, your loved ones or your trusted person may be informed of your health to support you.

However, you can oppose it.

The health professional must not give any information about you to an insurance company.

An insurer cannot ask for medical information or documents about you.

The employer cannot require information from you on your state of health.

An occupational doctor must not communicate to an employer the information which he collects during a medical examination.

Your medical record is also covered by medical confidentiality and must not be communicated to your employer.

In the event of death, the spouse and assigns can obtain medical information to know the causes of death of the deceased, to defend his memory or to have his rights recognized.

However, the deceased must not have objected to it during his lifetime.

Please note

In case of death of your minor child, you have access to all information about it. However, you do not have access to the medical decisions for which your child has refused to consult you.

You can complain if you believe that a professional has breached his obligation of medical confidentiality.

On the spot

You can go to a police station or a gendarme brigade of your choice.

Who shall I contact

The police or gendarmerie refer the complaint to the public prosecutor.

If the police or gendarmerie refuse to take your domestic violence complaint, you can alert the competent control authorities.

Submit online to the Inspectorate General of the National Police

Contact the Inspectorate General of the National Gendarmerie online

By mail

You can file a complaint with the public prosecutor.

To do this, you must send an email to the court of law of the place of the offense or of the domicile of the offender.

Who shall I contact

Your mail should include the following:

  • Your marital status and full contact information (address and telephone number)
  • Detailed account of the facts, date and place of the offense
  • Name of the alleged perpetrator if known (otherwise, the complaint will be filed against X)
  • Name and address of any witnesses to the offense
  • Description and provisional or definitive estimate of the damage
  • Your proof documents: medical certificates, work stoppages, photographs, videos, miscellaneous invoices, findings, etc.

You can use the following mail template:

File a complaint with the public prosecutor

You can send your complaint by registered letter with acknowledgement of receipt, by simple letter or by letter followed.

You can also file your complaint directly at the courthouse.

In any case, a receipt is given to you as soon as the Public Prosecutor's Office has registered your complaint.

The presence of a lawyer is not mandatory for the lodging of a complaint and throughout the procedure until the trial before the correctional court. However, you can get legal assistance if you wish.

You can also send an email to departmental council of the college of physicians.

Your letter should state that you are making a complaint.

For to obtain compensation for the damage suffered, you can refer the health professional to the civil courts.

Violation of medical confidentiality, except in authorized cases, is punishable by up to 1 year in prison and €15,000 of fine.

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