英文摘要 |
Patient’s medical information has a special nature with a high sensitivity. Patients need “privacy”. The protection of patient’s privacy can ensure individual security; fulfill individual and social harmony; and achieve society safety. When a patient’s privacy involves others, a great challenge for protecting patient’s privacy is to balance and adjust the conflicts among public health interests, the interests of others, and patient’s benefits. To determine whether a patient’s privacy is violated, depending on the behavior has been done by the hospitals. To determine whether the elements of tort liability is met, the criteria include: (1) whether there is any damage behaviors; (2) is the behavior done by the perpetrators on purpose or negligence; (3) is the perpetrators’ behavior against the Civil Law; (4) is there a causal relationship between the results and damage behaviors. This article analyzes conflict cases which are related to patient’s right to privacy and public right, in Taiwan. By the Civil Law, this article suggests healthcare providers should pay more attention to protecting patients’ privacy in routine medical practices. |