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Medical secrecy does not protect health personnel

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We do not play with medical secrecy. It is a strict and clear procedure that employers, family members or any other relations of a patient cannot consult. It covers “all information” of a patient. Only suspicions of abuse, deprivation, domestic or sexual violence can lift it. But it is not a shield behind which staff can hide, warns the Court of Cassation.

A nurse challenges her dismissal from a public institution for the elderly. It is based on the allegation of poor follow-up of a patient. The nurse observes that the management of the EHPAD could only invoke a fault by searching through the medical file of this patient to which no one other than the staff assigned to his care should have access.

“For the purposes of the procedure, the content of this file was mentioned in front of third parties, by name or by an initial, which absolutely did not guarantee the anonymity of the patient. The sanction pronounced thanks to such violations is necessarily abusive”adds the nurse.

Source: lci

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