open access
Infringement of the personal rights of a doctor and medical institution
Affiliations- Intellectual Property Law Chair, Jagiellonian University, Cracow, Poland
open access
Abstract
Health and life constitute a special value for everyone. Therefore, parties involved in providing medical services are subject to exceptionally high expectations, and the activities of doctors and medical institutions are subject to social control. Such control is carried out with the participation of patients and journalists using mass media, particularly the Internet. Even though such control is allowed and freedom of speech and freedom of the press allow for public expression of opinions (including critical and negative ones), presenting one’s position – even on important social issues – does not entitle one to infringe upon the personal rights of medical personnel and health care institutions. Meantime, criticizing and defaming doctors has become increasingly common in recent years due to the growing popularity of internet portals evaluating doctors, social media disseminating information, as well as the social tensions related to the overburdened health service and limited access to some health services due to the COVID-19 pandemic. Furthermore, patients exposed to stress about the health or hospital treatment are more likely to manifest their emontions by verbal aggression (insults or slanders) towards the medical personnel [1]. In the case of a threat to or infringement of personal rights, civil and criminal remedies are available to the doctor and the medical establishment, which protect against the negative consequences of an infringement of reputation or good name in the personal, professional and social sphere.
Abstract
Health and life constitute a special value for everyone. Therefore, parties involved in providing medical services are subject to exceptionally high expectations, and the activities of doctors and medical institutions are subject to social control. Such control is carried out with the participation of patients and journalists using mass media, particularly the Internet. Even though such control is allowed and freedom of speech and freedom of the press allow for public expression of opinions (including critical and negative ones), presenting one’s position – even on important social issues – does not entitle one to infringe upon the personal rights of medical personnel and health care institutions. Meantime, criticizing and defaming doctors has become increasingly common in recent years due to the growing popularity of internet portals evaluating doctors, social media disseminating information, as well as the social tensions related to the overburdened health service and limited access to some health services due to the COVID-19 pandemic. Furthermore, patients exposed to stress about the health or hospital treatment are more likely to manifest their emontions by verbal aggression (insults or slanders) towards the medical personnel [1]. In the case of a threat to or infringement of personal rights, civil and criminal remedies are available to the doctor and the medical establishment, which protect against the negative consequences of an infringement of reputation or good name in the personal, professional and social sphere.
Keywords
infringement of a doctor’s personal rights; defamation; violation of good name; violation of the reputation of a medical institution
About this articleTitle
Infringement of the personal rights of a doctor and medical institution
Journal
Nowotwory. Journal of Oncology
Issue
Article type
Other materials agreed with the Editors
Pages
179-182
Published online
2021-06-09
Page views
436
Article views/downloads
509
DOI
Bibliographic record
Nowotwory. Journal of Oncology 2021;71(3):179-182.
Keywords
infringement of a doctor’s personal rights
defamation
violation of good name
violation of the reputation of a medical institution
Authors
Justyna Ożegalska-Trybalska
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