Autonomy, Consent and Medical Confidentiality: Patients’ Rights in Argentina

22 Pages Posted: 27 Jul 2017

See all articles by Martin Hevia

Martin Hevia

Universidad Torcuato Di Tella

Daniela Schnidrig

Global Partners Digital

Date Written: 2014

Abstract

This article analyzes the scope of informed consent and professional secrecy in light of the Argentine legal system, case law, and doctrine. We focus on the scope of autonomy in the Argentine legal system and its implications for the exercise of the right to accept or refuse medical treatment. We concentrate on patients’ rights to medical secrecy, and we discuss four questions in light of the Argentine National Constitution, the current legislation, the national case law, and the Inter-American Human Rights System. According to the Argentine National Constitution, do health professionals have a duty to keep patients’ confidential information within their professional relationship? If they do, is it an absolute duty? If that were not the case, what boundaries would be compatible and required by the constitution? Can the professional invoke “public interest” to justify his or her decision to violate professional secrecy?

Keywords: Patients' Rights, Informed Consent, Medical Confidentiality, Constitutional Law

JEL Classification: K30, K32, K10, I18

Suggested Citation

Hevia, Martin and Schnidrig, Daniela, Autonomy, Consent and Medical Confidentiality: Patients’ Rights in Argentina (2014). NAFTA: Law and Business Review of the Americas, Vol. 20, No. 4, 2014. Available at SSRN: https://ssrn.com/abstract=3005344

Martin Hevia (Contact Author)

Universidad Torcuato Di Tella ( email )

Avenida Figueroa Alcorta 7350
Buenos Aires, C1428BCW
Argentina
5411-5169-7185 (Phone)

HOME PAGE: http://www.utdt.edu/ver_contenido.php?id_contenido=4134&id_item_menu=8738

Daniela Schnidrig

Global Partners Digital ( email )

London
United Kingdom

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