The lawyer Jorge López Hilario, legal representative of the plastic surgeon Edgar Contreras, defended his client’s position of not offering the confidential and private information of a patient that was requested by the communicator. Nuria Pierawhen he allegedly broke into his office.
The jurist argued that according to article 44 of the Dominican Constitution, every person has the right to intimacy and privacy, establishing that “respect and non-interference in the private, family life, home and correspondence of the individual are guaranteed. The right to honor, a good name and one’s own image is recognized.”
The Lawyer specifies that the Substantive Charter is clear, when it states that the home, domicile and all private premises of the person are inviolable, except in cases that are ordered, in accordance with the law, by competent judicial authority or in case of flagrant crime.
This legal provision adds that any authority or individual that violates it is obliged to compensate or repair the damages caused, in accordance with the law.
Recently, an incident occurred between the doctor and the communicator, because the former refused to hand over documents that are part of a patient’s medical record that were requested by the journalist, without showing that he had special power or the consent of the patient, to make such a request.
It is necessary to highlight that any doctor who reveals, shows or delivers information or documentation from a medical record would be violating article 28, literal e) of the General Health Law No. 42-01, article 377 of the Penal Code and Articles 5, paragraph 6 and 27, paragraph 8 of Law No.172-13, on Protection of Personal Data.
2024-01-15 14:43:33
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