의료정보에 대한 의료인의 권리와 의무

Abstract

Medical information is the information which is collected during the medical practices from the patient. Therefore, medical information is considered as an object of patient’s right. However, considering the process of generating medical information, the role of medical professionals becomes more and more important than ever. Also, the need for using medical information in research is growing as the biomedical science is developed. Most debates on medical information have focused to protect medical information for patient’s privacy. Medical information contains private secretion of patient. If medical information is misused or abused, patient’s privacy can be harmed. There are many provisions which aim to protect medical information. Some types of medical information are generated by the contribution of medical professional’s knowledge and experiences to patient’s raw data. For example, medical professionals should decide which diagnostic tests should be done based on the patient’s subjective symptom. Their medical knowledge and experiences will influence their decision. Also, selecting treatment they will be influenced by their knowledge and experiences. Because of theses reasons, some types of medical information is the subject of patient’s and medical professional’s rights or medical professional’s right. As the situation surrounding medical practices is changing, the legal theories or regulatory framework of medical information should be changed. Medical professional’s right on medical information should be recognised as their contribution.